Terms and Conditions of Use
Newark Musical Merchandise reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Newark Musical Merchandise will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
Our Site may only be used for lawful purposes. Newark Musical Merchandise specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children
Deleting or revising any material posted by any other person or entity;
If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Harming minors in any way;
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
We do not knowingly collect identifiable information from anyone under thirteen years of age.
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.
Because prices, product descriptions and availability can change quickly, Newark Musical Merchandise does not warrant the accuracy or completeness of the information provided on the Site. Also, Newark Musical Merchandise may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Newark Musical Merchandise or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Newark Musical Merchandise and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Newark Musical Merchandise will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.
Some products, including those identified as Hot Buys, Closeouts, Limited Quantity items, Factory B-Stocks and Free Gifts may be limited to stock on hand and are offered on a first come, first served basis.
MSRP is the manufacturer's suggested retail price. We may commonly sell products at prices lower than MSRP, and for any given product, no sales may have occurred at MSRP.
MSRP is a benchmark to compare our discounts from MSRP to pricing offered by other retailers. Whether other retailers sell at MSRP will vary by product, geographic location, type of store, and over time.
Although we periodically update the MSRP in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change their MSRP without notice to us.
Please contact the manufacturer of a specific product for the most up-to-date MSRP information.
MSRP quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than MSRP and for any given product, no sales may have occurred at MSRP.
Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.
Values associated with items labeled "free with purchase" are based upon MSRP.
THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEWARK MUSICAL MERCHANDISE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
IN NO EVENT SHALL NEWARK MUSICAL MERCHANDISE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NEWARK MUSICAL MERCHANDISE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. NEWARK MUSICAL MERCHANDISE's TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Site and the Materials are copyrighted works of Newark Musical Merchandise and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Newark Musical Merchandise.