RecordingExcellence.com (“website”) is the property of and is operated by Recording Excellence LLC (“Recording Excellence”)
1. Acceptance of Terms
1.1 Access and Acceptance
Your access to and use of this website and the products referred to in Section 2 below is subject to these terms of service. By accessing and or using the website and products you signify that you have read the following terms of service and accept and agree to be bound by them, whether or not you register with Recording Excellence (“Agreement”). Where applicable under law, these terms of service constitute a ‘writing signed by you’. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST CEASE USING RECORDING EXCELLENCE’S PRODUCTS AND WEBSITE.
1.2 Right to Amend Terms
We reserve the right at our sole discretion to change, modify, add or delete portions of these terms of service at any time without further notice. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using Recording Excellence and its Products.
2. The Products
By purchasing our products you are stating that you have read and agree to Recording Excellence’s terms of service below.
You confirm that you have read, fully understand and where appropriate.
You agree that Recording Excellence’s products will not be accessible until payment is made in full or as otherwise agreed and stated within and only within a Recording Excellence official invoice.
Recording Excellence offers digital products that may include e-books, online portals, video tutorials, exclusive forum access, pdfs, guides, webinars, courses, live streams, and DVDs (“Products”).
3. Age Restriction
3.1 Minimum Age Requirement
You must be at least 18 years of age to sign up and purchase our products.
3.2 Underage Usage of Recording Excellence
Children under the age of 13 years of age may not access or use Recording Excellence. If you are under 18 years of age but over 13 years of age you may use Recording Excellence only with the consent and supervision of a parent or guardian and must have parent or guardian approval in order to purchase and download any products.
4. Use of website and products
4.1 You agree not to:
(a) use this website or products to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) use this website or any of the products to submit, upload, display, transmit, disseminate or otherwise use any Materials that are false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or violates any law;
(c) threaten, abuse, disrupt, stalk or otherwise violate the legal rights of others;
(d) upload, post or disseminate any information or Material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party or infringes any intellectual property law or other applicable law;
(e) restrict or inhibit any other user from using and enjoying the website or any of the products;
(f) use the website/ Products in any manner that could damage, disable, overburden or impair the website/Products or interfere with any other party’s use and enjoyment of the website/ Products;
(g) transmit any Materials, information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;
(h) you will not utilize any robot, spider, site search/ retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the website, the Products, or the contents of such websites or Products;
(i) impersonate any other individual or entity in connection with your use of this website or any of the Products;
(j) use the Products to distribute files illegally or violate the rights of others to copy and distribute protected work.
4.2 You further agree, represent and warrant that:
(a) if you purchase Products from Recording Excellence, you only have gained access to them. You do not have ownership to transfer the Products to any other person or entity.
(b) all information and details you provide is accurate, complete and current;
(c) if you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the website/ Products.
5. Pricing, Taxes and Commencement of Products
You agree to pay all charges, including postage, shipping and handling charges at the prices in effect when such charges are incurred. You are solely responsible for paying any applicable taxes relating to your purchases.
Payments hereunder to Recording Excellence must be by PayPal, PayPal Credit, debit or credit card.
6. Product Trademark and Copyright Information
All material on this website, including, but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Recording Excellence LLC and is protected by copyright and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, including by email or other electronic means, without the express prior written consent of Recording Excellence LLC in each instance. You may download material intentionally made available for downloading (and/or purchase) from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
Without limiting any provision herein, we make no warranty that any particular computer, portable device or other hardware will be compatible with the website and the Products. It is your sole responsibility to ensure that your system(s) will function correctly in order to download and/or access any Products or the website.
9. Exclusion of Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE WEBSITE AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE PRODUCTS.
10. Limitation of Liability
SUBJECT TO CLAUSE 10.1, 10.2, 10.3 AND TO THE FULL EXTENT PERMITTED BY LAW, RECORDING EXCELLENCE AND ITS AFFILIATES 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 THIS WEBSITE, THE PRODUCTS, OR YOUR USE THEREOF. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Recording Excellence HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. RECORDING EXCELLENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RECORDING EXCELLENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT RECORDING EXCELLENCE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH ERRORS.
Notwithstanding any other provision of this Agreement, you and Recording Excellence hereby agree that the maximum aggregate liability of Recording Excellence to you for any claims arising from or related to the Products whether in contract, tort or otherwise, shall be limited to an amount equal to the respect to the fee paid by you in accordance with the related invoice.
10.3 Statutory Rights
If you are a consumer, Section 12 does not affect your statutory rights.
We have the right to terminate your access to any or all of the website/ Products at anytime.
12. Void Where Prohibited
Although this website is accessible worldwide, not all Products discussed or referenced on this website are available to all persons or in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Product made on this website is void where prohibited.
13. Links to Third-Party Sites / Third-Party Services
This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Recording Excellence, and Recording Excellence is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Recording Excellence is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Recording Excellence of the Linked Sites or any association with its operators.
Certain services made available via this website are delivered by third-party sites and organizations. By using any product, service, or functionality originating from this website, you hereby acknowledge and consent that Recording Excellence may share such information and data with any third party with whom Recording Excellence has a contractual relationship to provide the requested product, service, or functionality on behalf of any of the website’s users and customers.
14. No Unlawful or Prohibited Use / Intellectual Property
All content included as part of the Products, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Recording Excellence or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part, found on the website. Recording Excellence content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Recording Excellence and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Recording Excellence or our licensors except as expressly authorized by these Terms.
You agree to indemnify, defend, and hold harmless Recording Excellence, its officers, directors, managers, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the website or Products, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Recording Excellence reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Recording Excellence in asserting any available defenses.
16. Changes to Terms
Recording Excellence reserves the right, at its sole discretion, to change the Terms under which the Products and website are offered. The most current version of the Terms will supersede all previous versions. Recording Excellence encourages you to periodically review the Terms to stay informed of our updates.
17. Miscellaneous Provisions
17.1 Governing Law
This Agreement and claims directly or indirectly arising out of this Agreement shall be governed by and construed in accordance with the laws of the state of Illinois in the United States of America and each party consents to the exclusive jurisdiction of the City of Chicago Courts for the adjudication of any disputes arising out of or related to this Agreement.
If any provision or term of this Agreement, not being of a fundamental nature, is held to be invalid, illegal or unenforceable: (a) the validity, legality and enforceability of the remainder of this Agreement shall not be affected; and (b) with respect to a particular jurisdiction, the applicable provision shall not be affected in any other jurisdiction. Each provision of this Agreement is hereby declared to be separate, severable and distinct.
17.3 Right Reservation
Recording Excellence reserves the right to modify or cease operations of the Products at any time without notice.
17.4 Relationship between the Parties
There is no joint venture, partnership, agency or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by this Agreement.
17.5 No Third Party Beneficiaries
Nothing in this Agreement is intended to give nor gives any person (whether natural or legal) who is not a party to it, any rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any of its provisions..
17.6 Force Majeure
We will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
17.7 Entire Agreement
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties with respect to the subject matter of this Agreement are expressly cancelled.