TERMS & CONDITIONS

Overview:

The website located at tayjasallie.com (the “Website”) is presently owned and operated by Tayja Sallie, the owner of the Tayja Sallie Music business. Throughout these Terms ( as defined below), the terms “we”, “us”, and “our” refer to the Tayja Sallie Music business. We offer this website, including all text, data, software, information, graphics, tools, photographs and more (the “Materials”), as well as making other available goods for purchase (“Products”), and all other services from this Website to you, the user (collectively, the “Service(s)”), conditioned upon your acceptance of and compliance with all terms, conditions, policies, and notices stated herein. This website offers users items including but not limited to original music and merchandise.

By visiting our website and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced and incorporated herein and/or available by hyperlink. These Terms apply to all users of the Website.

Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you confirm that you have read, understood and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its Services.

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Who Can Use This Website:

By using our Website, you represent that you are at least 13 years of age.

If you are not yet the age of majority in your jurisdiction of residence, you represent that you have the permission of an adult to use this Website, and that the adult is a parent or legal guardian who is willing to be responsible for your use of this Website.

If you are of the legal age of majority in your jurisdiction of residence, you represent that you possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website or receive its services if doing so is prohibited in your country or under any law or regulation applicable to you.

As long as you are in accordance with the provisions stated above, we invite You to use this website for individual consumer purposes.

Key Commercial Terms Offered:

When purchasing an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the checkout payment process.

The prices charged for the Products are listed on the Website. We reserve the right to change the prices for any and all Products displayed at any time, and to correct pricing errors that may inadvertently occur.

Returns and Refund Policy:

For any undamaged Product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the Product, and we can exchange it or offer a refund based upon the original payment method. In addition, please note that: (i) Products can be returned only in the country in which they were originally purchased, and (ii) the following products are not eligible for returns: stickers, mugs, music, and products described as handmade.

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Order Cancellations:

Since digital music purchases go through instantaneously, there are no cancellations for music purchases.

For Products sold through the store, same-day cancellations should be able to be processed. Please send an email to tayjasallie@tayjasallie.com with the Subject Line “Order Cancellation Request” along with your Full Name and Order No. included in the body of the email and we will cancel your order and issue you a full refund.

For cancellations requested after the first day, there are no guarantees that the cancellations will be processed, since as soon as an order begins the process of fulfillment it is no longer available for cancellation.

For order cancellations requested for Products described as handmade, cancellations are valid as long as the order has not yet been shipped. As with merchandise order cancellation requests, requests emailed on the first day will be processed and you will be issued a full refund.

Retention of Right to Change Offering:

We may, without prior notice, change the Services; stop providing Services or any features of the Services we offer; or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice or liability for any reason, or for no reason at all.

Disclaimer of Warranties:

Your use of this Website and/or the Services and your purchase of Products is at your own risk.  The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors.  We do not warrant the accuracy or timeliness of the Materials contained on this Website. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

We, for ourselves and our licensors, make no express, implied, or statutory representations, warranties, or guarantees in connection with this Website, the Services, or any Materials relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented on this Website, including without limitation the Materials. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Website, the Services, the Product and Materials, and any information or material contained or presented on this site is provided to you on an “as is,” “as available,” and “where-is” basis with no warranty or implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Tayja Sallie Music does not provide any warranties against viruses, spyware, or malware that may be installed on your computer.

Limitation of Liability:

To the maximum extent permitted by applicable law, in no case shall we or any of party affiliated with us, including but not limited to our suppliers, service providers, and affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, lost profits, lost revenue, special, or consequential damages of any kind, including, without limitation, 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 the Website, any of the services or any Products procured using the Service, or for any other claim related in any way to your use of the Website, Services, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such state or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Ownership of Intellectual Property, Copyrights and Logos:

The Service and all materials therein or transferred thereby, including without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Tayja Sallie. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof without the explicit consent of the Website owner.

          User-Uploaded Content:

You recognize and agree that by uploading any Content, which includes, but is not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works, through any means to this Website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the Content. You agree and consent that the uploaded/transferred Content may be publicly displayed on the Website.

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Right to Suspend or Cancel User Account:

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if by our sole determination you violate any provision of these Terms or any applicable law or regulation. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification:

You agree to indemnify, defend, and hold us harmless and any and all of our service providers, contractors, suppliers, interns and employees, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against them by any third party due to, or arising out of, or in connection with (i)  your use of the Website or any of the Services offered on the Website, (ii) your breach of these Terms of Service or the documents they incorporate by reference, or (iii) your violation of any law or rights of a third-party.

Right to Change and Modify Terms:

We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continual use of this Website and/or Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) the Website or the Service.

Promotional Emails and Content:

You agree to receive promotional messages and materials from us from time to time, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't wish to receive such promotional materials or notices, please just notify us at any time. 

Law and Dispute Resolution:

This Provision facilitates the prompt and efficient resolution of any Dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below)) that may arise between you and us. Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

          Pre-Arbitration Claim Resolution:

For all Disputes you must first give us an opportunity to resolve the Dispute which is first done by emailing us at tayjasallie@tayjasallie.com the following information: (i) Your name, (ii) Your address, (iii) A written description of your Claim, and (iv) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only where arbitration is prohibited by law.

          Arbitration Procedures:

These Terms, the rights and remedies provided hereunder, and any and all claims, controversies, or disputes related hereto and/or to the Service, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitration shall be governed by the laws of the Commonwealth of Massachusetts. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The award shall be made within 90 days of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

          Class Action Waiver:

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration.

          Jury Waiver:

You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right of a jury trial or a trial before a judge in a public court (except where applicable legislation prohibits such a waiver). In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). However, because of this Provision, those rights are waived.  Other rights that you would have if you went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

          Severability:

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

If this Provision as a whole is not enforceable for any reason, then, except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to any Dispute will be decided by a court in Middlesex County, Massachusetts.

          Continuation:

This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, We agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject such a change and require us to adhere to the present language in this Provision if a dispute between us arises.

Severability:

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 a determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement:

The failure of us to exercise or enforce any right or provision from 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 Website or in respect to the Website, Products, and Services constitutes the entire agreement and understanding between you and us and govern your use of the Website Services, 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.

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California Consumer Notice:

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Services are provided by Tayja Sallie. If You have a question or complaint regarding the Website or Service, please contact us at tayjasallie@tayjasallie.com.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

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Contact Information:

Please direct all concerns to tayjasallie@tayjasallie.com.

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Effective Date of Terms: 1/16/22