Terms of Sale
These TERMS OF SALE (the “Agreement”) are by and between you (“you” or “your”) and Teresa Wright (collectively referred to as "TW", "our", "we", or "us"), the owners and operators of the website (this "website").
TW may revise this Agreement at any time without notice by updating this posting. By ordering any product or service via this website after such posted changes, you agree to be bound by any such revisions and should therefore periodically visit this website and page to determine the then current terms and conditions of use to which you are bound. Any new materials, content, features, products, or services on this website shall be subject to this Agreement.
ORDERS, PAYMENTS, TAXES, AND REFUND POLICY
You may place your order on our website at any time (subject to any planned or unplanned periodic downtime). TW accepts credit cards issued by a United States bank, PayPal, and cashier's checks or money orders issued by a United States bank or U.S. Postal Service. You will bear all costs associated with a disputed credit card which results in action from TW’s merchant account provider, otherwise known as chargebacks. TW reserves the right to pre-approve all purchase amounts. You are responsible for updating your account in a timely manner including, but not limited to, your address, email, phone number, name, credit card or PayPal account information. With respect to taxes, the total price charged to your account will include state sales tax Except as otherwise stated, all sales made through this website are final. No refunds or exchanges shall be made for products or services purchased through this website.
By pre-ordering products or services, you are authorizing TW to automatically charge your account and deliver the product when it becomes available.
Prices offered on this website are quoted in U.S. Dollars. Such prices include sales tax and shipping and handling. Prices for products offered by this website may change at any time, and TW does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to a download, then your exclusive remedy is a refund of the purchase price. If technical problems prevent or unreasonably delay delivery of your product, your exclusive remedy is either replacement of the product or a refund of the purchase price paid, as determined by TW, in its sole discretion.
Your Membership Code, cannot be redeemed for cash nor returned for a cash refund, exchanged, resold or shared. You are responsible for your code and maintaining its security. TW reserves the right to close accounts if a Membership Code is fraudulently obtained or is suspected of being compromised. In the event of a non-functional code, your sole remedy and our sole liability is to issue a replacement Membership Code.
Gifts may be purchased from TW, provided the gift recipient agrees to the TW Terms and Conditions. Gift recipients must have compatible hardware, such as an internet connection and browser to utilize some gifts.
DISCLAIMER OF WARRANTIES
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF TW. YOU ACKNOWLEDGE BY YOUR USE OF TW 'S PRODUCTS AND SERVICES THAT YOUR USE OF THE PRODUCTS AND SERVICES AND ANY RELIANCE UPON THEM IS AT YOUR OWN RISK. TW EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WAIVER AND LIMITATION OF LIABILITY
TW WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT, SERVICE AND/OR ITS USE EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 USC § 2301.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS TS AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE WEBSITE.
GOVERNING LAW AND VENUE
This Agreement, the entire relationship between you and TW, and any litigation or other legal proceeding between you and TW (whether grounded in tort, contract, law, or equity) shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its choice of law rules.
TERMS AND CONDITIONS.
Welcome to Teresa Wright Songs! TW is the provider of the TW Membership Service, which permits you to purchase or rent digital content (the "Products") for end user use only, under these Terms and Conditions. These Terms and Conditions are between you ("you" or "your") and Teresa Wright ("TW", "our", "we", or "us") (the "Terms and Conditions") and govern your use of the TW Membership Service, including all features and functionalities, our website and user interfaces, and all content and software associated therewith (the "Service" or "service"). By using, visiting, or browsing the Service, you accept and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not use the Service, including our website and user interfaces. These Terms and were last updated March 2021. CHANGES TO TERMS AND CONDITIONS
TW reserves the right, from time to time, with or without notice to you, to modify this Agreement and to impose new or additional terms and conditions on your use of the Service. Such modifications and additional terms and conditions shall be incorporated into this Agreement and effective immediately. Your continued use of the Service will be deemed acceptance of the modification and additional terms and conditions.
REQUIREMENTS FOR USE OF THE SERVICE
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of the Service, including, but not limited to, telecommunications and internet access connections, equipment, and all other programs or services required to use the Service.
As a registered user of the Service, you may establish an account (the "Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and agree to immediately notify TW of any unauthorized use of your Account or any other breach of security. You shall not impersonate another TW member or provide false identity information to gain access to or use the Service. TW shall not be responsible for any losses arising out of the unauthorized use of your Account. You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
You agree to provide TW with accurate, current, and complete information when you register with, and as you use, the Service (the "Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. TW may terminate your rights to the Service if any information you provide is determined by TW to be false, inaccurate, or incomplete. You agree that TW may store and use the Registration Data you provide, including payment information for use in maintaining and billing fees to your Account.
TW reserves the right to change the Service or its content options (including eligibility for particular features) at any time, with or without notice. TW shall not be liable for any consequences that result from its decisions regarding continuing, changing, suspending, or discontinuing any features of the Service.
USE OF PURCHASED OR RENTED CONTENT
You agree to comply with the following Usage Rules and to maintain the integrity of the Service by not attempting to (i) violate the security of the Service, (ii) gain unauthorized access to the Service, or (iii) infringe on the copyright or trademarks of TW or our licensors. You will incur civil or criminal liability for violations of our system or network security.
You shall not, and shall not permit others to, breach these Terms and Conditions;
You must be at least 13 years of age or older to become a member of the Service. While individuals age 13 to 17 may utilize the Service, they may do so only with the involvement of a parent or legal guardian and otherwise subject to these Terms and Conditions;
You shall be authorized to use Products only for your personal and noncommercial use;
You shall not, and shall not permit others to, sell, resell, distribute, redistribute or exploit any portion of the Service for commercial purposes;
You shall, and shall not permit others to, copy, download or burn audio, video, or ringtone Products, nor to copy printed materials, nor in any way infringe on the copyright or trademarks of TW or our licensors;
You shall not, and shall not permit others to, provide false, inaccurate or misleading information;
You shall not, and shall not permit others to, initiate any fraudulent transaction;
You shall not, and shall not permit others to, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to TW;
You shall not, and shall not permit others to use the Service in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to TW, a third party, or you;
You shall not, and shall not permit others to, facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information you provide through this website;
You shall not, and shall not permit others to, use any robot, spider, other automatic device, or manual process to monitor or copy this website;
You shall not, and shall not permit others to, use any device, software, or routine to bypass any restrictions TW places on the Service, or interfere or attempt to interfere with the Service;
You shall not, and shall not permit others to, take any action that may cause TW to lose any of the services from, or interfere with any of the contractual relationships TW has with, its internet service providers, payment processors, third party service providers, or other suppliers;
You shall not, and shall not permit others to, use, modify, copy, or otherwise reproduce the Service in whole or in part;
For downloaded materials, you may download the Product only once and the Product shall not be replaced for any reason. Once a Product is downloaded, it is your responsibility not to lose, destroy, or damage the Product. TW shall not be liable to you for any loss, destruction, or damage to the Product.
All rights not expressly granted to you are reserved by TW. There are no implied rights. TW reserves the right to modify the Usage Rules at any time.
SUBMISSIONS TO THE SERVICE
The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Service. You hereby grant TW a worldwide, royalty-free, nonexclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. TW reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability to you.
TW has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that TW in its sole discretion deems appropriate, including, without limitation, termination hereunder or under TW’s Copyright Policy.
DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act (DMCA), TW has designated an agent to receive notification of alleged copyright infringement occurring on the Service.
DMCA Notification Agent
Teresa Wright Songs
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For TW to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing TW of an alleged copyright infringement, you should include the following information:
Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that website.
Describe the material that is claimed to be infringing and provide sufficient information to permit TW to locate that material, including the item number, if applicable.
Provide your contact information, including an address, telephone number, facsimile number and, if available, an e-mail address.
Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
Certify that the information that you have provided TW is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
Include your physical or electronic signature.
TW may not be able to act on your complaint promptly or at all if you do not provide this information.
RULES FOR PROMOTIONS
Any sweepstakes, contests, or other promotions (collectively, "Promotions") made available through the Service may be governed by specific rules that are separate from these Terms and Conditions. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms and Conditions. TW urges you to review any applicable rules, which appear in connection with the particular Promotion. In the event that the terms and conditions of such rules conflict with these Terms and Conditions, the terms and conditions of such rules shall control.
THIRD-PARTY LINKS AND MATERIALS
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by TW of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by TW, and TW is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use the Service at your own risk and TW shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, but TW does not guarantee their accuracy.
Except for the rights granted in these Terms and Conditions, you have no right, title or interest in or to the Service. You agree that TW and its licensors retain all proprietary right, title and interest, including intellectual property rights, in or to the Service. You shall not infringe on the intellectual property right of said content. No portion of the content may be reproduced for any reason nor may it be loaned, sold, distributed, or reproduced in any form except as expressly permitted in writing by TW or its licensors.
If you fail, or TW suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, TW may, without notice to you,: (i) terminate this Agreement and your Account; (ii) terminate the license to the software; or (iii) preclude access to the Service (or any part thereof), in addition to all other rights or remedies available at law or equity. In the event of the termination of these Terms and Conditions, you agree that you are no longer authorized to access or use Service and that you will immediately cease your use of the Service. You will remain liable for all amounts due on your Account up to and including the date of termination.
TW shall be under no obligation to continue operation of the Service. TW may terminate operation of the Service or any portion thereof, or any products or services offered through the website or terminate any individual's right to access or use the website at any time without notice to you, in her sole discretion, without any liability to you whatsoever.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
TW MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. TW ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, WITHOUT LIMITING THE FOREGOING, THE SERVICE AND ALL CONTENT PROVIDED ON THE SERVICE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL TW, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL. OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY LINKED WEBSITE- OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR otherwise, even if TW is expressly advised of the POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TW LIABILITY EXCEED $100.
You agree to defend, indemnify and hold harmless TW its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to your breach of these terms and conditions or your access to or use of the service. The foregoing indemnification obligation shall survive termination of these terms and conditions and the service and any product provided to you arising out of or relating to your use of the service.
These Terms and Conditions constitute the entire agreement between you and TW and governs your use of the Service, superseding any prior oral or written agreements between you and TW. If any part of these Terms and Conditions are held invalid or unenforceable by a court of competent jurisdiction that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver by TW of any breach or default under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. TW shall not be liable for any nonperformance or delay in performance caused by an act beyond its reasonable control, including but not limited to acts or omissions of third parties, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
The Service is operated by TW from its offices in the United States. You agree to comply with all local, state, and federal, laws, statues, ordinances, and regulations that apply to your use of the Service. All transactions on the Service shall be governed and construed according to the laws of the State of Alabama, without regard to its conflicts or choice of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with TW or relating in any way to your use of the Service resides in the courts of the State of Texas. No TW employee or agent has the authority to vary this Agreement.
TW may notify you with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Service. Notices shall become effective immediately.
TW reserves the right to take steps TW believes are reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms and Conditions. You agree that TW has the right, without liability to you, to disclose any Registration Data or Account information to law enforcement authorities, government officials, or a third party, as TW believes is reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement (including but not limited to TW’s right to cooperate with any legal process relating to your use of the Service or Products, or a third party claim that your use of the Service or Products is unlawful or infringes such third party’s rights).
What personal information do we collect
When you create an Account, purchase a product, register for a class or retreat, or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.
When you share your content with family and friends, send gifts and products, or invite others to join you on TW forums, TW may collect information you provide about those people such as their name, mailing address, email address, and phone number.
How we use your personal information
The personal information we collect allows us to keep you posted on TW’s latest product announcements, updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you do not want to be on our mailing list, you can opt out anytime by updating your preferences.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with TW, you may not opt out of receiving these communications.
If you enter a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
Collection and Use of Non-Personal Information
We also collect non-personal information - data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where a TW is used so we can better understand customer behavior and improve our products, services and advertising.
If we combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
How we protect against your personal information
TW takes precautions – including administrative, technical, and physical measures – to safeguard your PII against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
You can help us by also taking precautions to protect your personal data when you are on the internet. Do not share your ID or password with anyone. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
Disclosure to Third Parties
TW does not rent, sell, or share personal information about you with other people or non-affiliated companies, except: (i) to provide products or services you have requested; (ii) when we have your permission; (iii) when responding to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or to defend against legal claims; (iv) when we believe it is necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Site's Terms and Conditions, or as otherwise required by law.
Cookies and other technologies
You have the right to disable cookies, but please note that certain features of TW website will not be available once cookies are disabled. As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base as a whole. TW will not use the information collected to market directly to you.
How can you opt-out of promotional emails
Teresa Wright Songs
Dothan, AL 36303
Twrightssongs @ gmail dot com
What are my privacy rights in California?
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request.