The Music Lady, LLC Terms of Service Agreement

The following Terms of Service ("TOS") contain the terms and conditions that govern your use of www.TheMusicLady.com, (“Site”) owned by “The Music Lady, LLC” (“TML” or “We”). Your access and use of the Site or any services or Products available through the Site constitutes your agreement to and acceptance of all the following Terms of Service.

We reserve the right to add to, delete or change these TOS at any time and without prior notice. As such, you should check these TOS from time to time for such changes.

Your License to Use the Site - Proprietary Rights and Title.

The Music Lady, LLC and Slick as a Whisker Productions, a registered business subsidiary of TML solely and exclusively owns all intellectual property and other right, title and interest in Site and all content, code, data, materials and products sold or offered through the Site, including but not limited to books, pages, music, digital files, images, text copy and any other material available or accessed through the Site.

Your use of the Site and the Products that may be offered, purchased or downloaded, does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites.

You may purchase Products via download or physical delivery and may access Product samples through the Site, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content. You implicitly agree not to reproduce, copy, distribute, sell, nor create derivative works based on the Products, Product Samples, Product Content, website content, code, data or materials on the Site, or take any other action that would violate or infringe upon the proprietary Copyrights of Slick as a Whisker Productions and/or The Music Lady, LLC.

Slick as a Whisker Productions and TML grants you a limited revocable license to access and use the Site and its Services for their intended purposes, subject to your compliance with these TOS. If you make other use of the Site, or the Products, content, code, data or materials on or available through the Site, except as otherwise provided above, TML may revoke the license granted to you and pursue legal actions for any and all infringements or violations of copyright and other applicable laws of The United States of America and the State of New Jersey, as well as applicable international copyright laws, which may subject you to both criminal and civil liability for such unauthorized use.

Trade Marks

The trade marks, logos, service marks and trade names (collectively the “Trade Marks”) displayed on the Site, or on content and material available through the Site, are registered and unregistered Trade Marks of Slick as a Whisker Productions, registered with the Library of Congress (ISBN #978-0-9828716-07), and The Music Lady, LLC, registered with the State of New Jersey, and others.

Nothing contained on or available through the Site should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Site without the written permission of TMC or its subsidiaries which may own the applicable Trademark.

Site Linking.

TML grants you a limited and revocable right to link to the Site and you agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Sites.

You are not permitted to link directly to any digital file or image hosted on the Site, such as using an “in-line” linking method to cause the image or file hosted by the Site to be displayed on another web site.

You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding.

You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another web site without the express and written permission of TML or its subsidiary companies.

We reserve our right to insist that any link to the Site be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.

Third Party Website Links.

You may be able to move from the Site to third party websites through hyper-links created therein (“Linked Sites”).

The inclusion of any link to such web sites on our Site does not imply TML’s endorsement, sponsorship, or recommendation of that web site. You acknowledge and agree that TML and its subsidiaries have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours.

TML disclaims any liability for links to any third party website and it is your sole responsibility and you assume all risk when following a Linked Site hyperlink from the Site. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with TML’s TOS, agreements or policies, you must comply with TML’s TOS, agreements or policies, as applicable.

Mutual Representations and Warranties.

You represent and warrant to TML and TML, and its subsidiaries represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.

Disclaimers & Exclusions.

TML AND ITS SUBSIDIARIES PROVIDES THE SITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TML DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TML MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

TML WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.

You will indemnify and hold The Music Lady, LLC, its subsidiaires and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify TML under this Section, TML will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without TML’s express written permission.

Notices.

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (a) Postal Mail, First Class, Certified (or international equivalent), (b) overnight courier, or (c) electronic mail. If you give notice to TML via electronic Mail, you must use the Contact Form located on the Site. If you give notice to TML via Postal Mail or overnight courier, you must use the following address:

The Music Lady, LLC
PO Box 839
Denville, NJ 07834

If TML provides notice to you, we will use the contact information provided by you through the Site or by other means.

All notices will be deemed received as follows: (a) if by delivery via U.S. mail, seven (7) business days after dispatch, (b) if by delivery via international mail, fourteen (14) business days after dispatch, (c) if by overnight courier, on the date receipt is confirmed by such courier service, or (d) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non- delivery was generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

Applicable Laws, Procedures and Jurisdiction.

All disputes arising out of, relating to or connected with these TOS or your use of any part of the Site or Services will be exclusively resolved by legal arbitration procedures to be held in Morris County, State of New Jersey, USA, or other location as determined by TML and shall be done before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New Jersey State law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Morris County, State of New Jersey, USA, and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Site or Services must be asserted individually.

Survival.

These TOS will survive indefinitely unless and until TML chooses to terminate them. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New Jersey, USA, without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of TML. These TOS (including all of the policies and any other Agreements contained in this TOS or throughout the Site or within the Products, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and TML are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.