Terms of Service.

Last updated: February 28, 2022

This website (“site) is operated by Giving Song, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Giving Song, LLC. As of February 2022, Music Therapy and Beyond is not a separate business entity. Music Therapy and Beyond and Giving Song, LLC are one and the same entity.

Giving Song, LLC offers this website (ww.musictherapyandbeyond.com), including all content, products, services, resources, and information to you subject to your compliance with the terms, conditions, policies, and notices in this  “Terms of Service'' statement. 

By visiting our site and/or purchasing products or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are customers, browsers, vendors, merchants, employees, and/or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then please cease use of the site.

Any new elements, content, products, or services which are added to the current site and store shall also be subject to the Terms of Service. The most current version of the Terms of Service will be available on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Giving Song, LLC reserves the right to refuse, modify, suspend, delete, or terminate operations, access, or content to this site for any reason at any time. 

The headings are included for convenience only and do not affect the terms of this agreement.

Disclaimer

The information contained on this site, including but not limited to, the resources, content, podcast episodes, products, and services are for educational and informational purposes only. The information contained on this site are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. 

No Guarantee

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not guarantee the results that may be obtained from the use of our Service will be accurate or reliable.

You understand and agree that from time to time we have the right to remove or cancel the Service for indefinite periods of time, without notice to you.

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 (except as expressly stated by us) 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.

Limitation of Liability

In no case shall Giving Song, LLC, our owners, 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 in 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. 

Except when prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Giving Song, LLC has been advised of the possibility of such damages.

If we are found to be liable to you for any damage or loss which arises out of or is in anyway connected with your use of our Site or Services, the aggregate liability of Giving song, LC shall in no event exceed One Hundred US Dollars (US $100.00). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Content Rights

All copyrights to elements, comments, text, colors, graphics, design (including the “look and feel”), artwork, music, logos, and images are retained by Giving Song, LLC with all rights reserved. No other use is hereby authorized.

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 or any contact on the website through which the service is provided, without express written permission by us. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. If you suspect copyright infringement has occurred, please report this offense to us directly via email at musictherapyandbeyond@gmail.com.

Content Parameters

We make every effort to ensure the information on our site is accurate, complete, and appropriately presented; however, occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We 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). 

We 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.

Material 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Giving Song, its affiliates, subsidiaries, licensors and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site, site-related services, content, or information contained within the site, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services.

Modifications

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors, images, and use guidelines of our products and services that appear at the store. We cannot guarantee that your device display of any color will be accurate, nor can we guarantee your accessibility of the products. We cannot guarantee and are not responsible or liable for the use of the product or service. In addition, we are not responsible, nor do we guarantee, your ability to print and use products as designed including, but not limited to, your computer/printer’s ability to print the product as designed.

We reserve the right to (1) limit the sales of our products or Services to any person, geographic region, or jurisdiction, (2) limit the quantity of any product or service we offer, (3) change the product and/or description of a product or service, and (4) discontinue any product or service, at any time without notice. 

We do not guarantee that the quality of any Service (product, service, information, material, resources, content, etc.) will meet your expectations, nor do we guarantee any errors will be corrected. 

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

Billing and Accounts

We reserve the right to refuse any order placed with us. We reserve the right to limit or cancel quantities purchased and/or ordered at our sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details regarding returns, please review our Returns Policy.

Third-Party Providers

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not monitor nor have any control or input over any third-party links, resources, services, content, products, etc. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

You acknowledge and agree that we provide access to such resources ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party resources, tools, services, content, products, links, etc. Any use by you of optional resources offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which resources are provided by the relevant third-party provider(s).

We are 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We 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.

User Interactions

If, at our request, you send certain specific submissions through a survey, comment, or any other manner or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibitions

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 our 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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnify

You agree to indemnify, defend, and hold harmless Music Therapy and Beyond (Giving Song, LLC) and our parent, subsidiaries, affiliates, owners, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, loss, liability, claims, or expenses (including reasonable attorneys’ fees), made against indemnitees by any third-party due to or arising out of or in connection with your use of the site. 

Provision

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of the United State of America and the laws of the State of Missouri.

Right to Change

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at musictherapyandbeyond@gmail.com.