Company Information - Policies

eStand.com Conditions of Use


Welcome. Thank you for visiting eStand.com, the official website of e-Stand, Inc., the inventors and marketers of the eStand® Electronic Music Stand. We are dedicated to serving our customers and to improving the way musicians work with music.

e-Stand, Inc. (eStand®) maintains this Web Site to make available its information, products and services for you, the User. This Web Site is controlled by eStand® in the United States. This Web Site is intended for use by persons located within the United States only; it is not offered for use outside the United States at this time. As such, eStand® makes no representation that materials on this site are appropriate for or available for use in other countries or locations.

By accessing this Web Site in any way, You agree that You will comply with all applicable laws and regulations, including but not limited to the laws of the United States, the State of Illinois and the state in which You are located, including but not limited to copyright, trade mark, obscenity, privacy, defamation and export laws.

You agree to provide true, accurate, current and complete information in your entries and data provided to this Web Site and eStand® . If You are receiving services from eStand® on an on-going basis, You agree to keep this data up-to-date with any appropriate revisions.

This Web Site is intended for use by persons of age 18 or older and is not directed at children. Children under the age of 18 may use this site only with the supervision and consent of parent or guardian.

eStand.com provides its services subject to certain conditions. If you visit or shop at eStand.com, you accept these conditions and agree to be bound by them.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY HALT YOUR USE OF THIS SITE.

PRIVACY

Our Privacy Notice outlines our privacy practices.

ELECTRONIC COMMUNICATIONS

When you visit eStand.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by eStand or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, eStand® is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

COPYRIGHT

Everything on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site, without the prior written permission of eStand. eStand neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with eStand® .

All content included on this site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of eStand.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of eStand.com and protected by U.S. and international copyright laws. All software used on this site is the property of eStand.com or its software suppliers and protected by United States and international copyright laws.

© 2005 e-Stand, Inc.

TRADEMARKS

eStand® , eStand.com, eStand® Professional, eStandMusic, eStandMusic.com, eStand Lite, eStand® Deluxe, eStand® Reader, eStand® Mobile Tablet, eStand Footswitch, eStand® Basic Footswitch, eStand® Silent Footswitch, eStand Professional Package, the stylized eStand® logo, graphics, page headers, button icons, scripts, other service names and other marks used on our site are registered trademarks of e-Stand, Inc. or its affiliates, in the United States and other countries. eStand.com's trademarks may not be used in connection with any product or service that is not eStand.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eStand.com. All other trademarks not owned by eStand.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eStand.com or its subsidiaries.

LICENSE AND SITE ACCESS

eStand.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of eStand.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of eStand.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of eStand.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing eStand.com's name or trademarks without the express written consent of eStand.com. Any unauthorized use terminates the permission or license granted by eStand.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of eStand.com so long as the link does not portray eStand.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any eStand.com logo or other proprietary graphic or trademark as part of the link without express written permission.

eStand® may also, in its sole discretion and at anytime, discontinue the eStand® Web Site, or any part there of, with or without notice. You agree that you do not have any rights in our web site and that eStand will have no liability to you if this web site is discontinued or your ability to access our web site is terminated.

YOUR ACCOUNT

This web site is intended for adult users only, and children under the age of 18 are not eligible to participate in the commercial features of this web site.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use eStand.com only with involvement of a parent or guardian. eStand.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from eStand.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

While eStand® uses reasonable efforts to include accurate and up-to-date information on the Site, eStand® makes no warranties or representations as to its accuracy. eStand® assumes no liability or responsibility for any errors or omissions in the content on the Site.

eStand.com and its affiliates attempt to be as accurate as possible. However, eStand.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by eStand.com itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by eStand.com, we cannot confirm the price of an item until you order.

With respect to payment, we may charge your credit card anytime after your order has been placed. We will, as soon as is practicable upon receiving order, begin the shipping process.

In rare circumstances, an item we sell may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Unless otherwise noted or agreed in writing, any items that you purchase through the eStand® Web Site are subject to the eStand® Terms & Conditions of Sale.

Consent to Electronic Form of Contract

BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by eStand. You acknowledge that You have the necessary hardware and software to access these provisions as posted on eStand's web sites and will maintain such hardware and software throughout your use of this Web Site and its services. You may remove your consent to the electronic form of contracting with eStand, but in that event, You must provide notice pursuant to these provisions and your authorization to use and access this Web Site is immediately terminated.

Waiver

The waiver of any breach or default of obligations under these provisions will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.

Survival

The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between You and eStand.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY E-STAND, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. E-STAND, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, E-STAND, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. E-STAND, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM E-STAND, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. E-STAND, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Your use and browsing of the Site is at your risk. Neither eStand® nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.

Without limiting the foregoing, everything on the Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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. Because our web site is provided to you "As Is", you agree that eStand® shall not be liable to you or any third party for any delay in delivery of, or failure to deliver any of your communications or other information you submit using our web site. Because our web site is provided to you "AS AVAILABLE", you agree that eStand® shall not be liable to you or any third party for any modification, suspension, or discontinuance of our web site or your ability to access it. eStand® also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Indemnification

You agree to defend, indemnify and hold harmless eStand, its officers, directors, employees, affiliates, partners, subsidiaries and agents, third parties and service providers acting on eStand's behalf ("Indemnified Parties") from and against any and all claims, actions, losses, demands and liability costs and expenses (including without limitation reasonable legal and accounting fees), arising from: (1) your use of this Web Site or its services or content, (2) your breach of this Web Site's Terms and Conditions of Use and Copyright Notice or Privacy Policy as posted on this site and as modified from time to time, (3) any information submitted, posted, or otherwise provided by You through this Web Site, (4) any dispute or litigation between an Indemnified Party and a third party caused by your actions, and (5) your negligence or violation or alleged violations of any rights of another, based on your use of this Web Site, its services or content. eStand, at your expense and eStand's discretion, may provide notice to you of eStand's election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse You from your indemnity obligations. You agree to pay reasonable attorney and expert witness fees and costs incurred by eStand® or its agents or service providers in enforcing this provision.

UNSOLICITED IDEA SUBMISSION POLICY.

eStand or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when eStand's products or marketing strategies might seem similar to ideas submitted to eStand. So, please do not send your unsolicited ideas to eStand® or anyone at eStand. If, despite our request that you not send us your ideas and materials, you still send them, please understand that eStand® makes no assurances that your ideas and materials will be treated as confidential or proprietary.

APPLICABLE LAW

By visiting eStand.com, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and eStand.com or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to eStand.com or to products you purchase through eStand.com shall be submitted to confidential arbitration in Skokie, Illinois, except that, to the extent you have in any manner violated or threatened to violate eStand.com's intellectual property rights, eStand.com may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

eStand.com, Inc.
8340 N. Lincoln Avenue
Skokie, IL 60077
http://www.eStand.com

AUTHORIZED USE POLICY - ADDITIONAL SPECIFIC PROHIBITED USES

You agree and warrant that You will not use (or plan, encourage or help others to use) this Web Site for any purpose of in any manner that is prohibited by these terms and conditions. It is your responsibility to ensure that your use of this Web Site complies with these terms and conditions. You specifically agree not to do any of the following:

a. Post any incomplete, false, or inaccurate information about yourself, your organization or any content you provide.
b. Upload, post, transmit, retransmit, distribute or store any material or content is abusive, adult content, obscene, indecent, profane, pornographic, threatening or harassing, libelous, defamatory, invasive of another's privacy, tortuous, racially, ethnically or otherwise objectionable, including material that restricts a civil liberty
c. Undertake an action, directly or indirectly, which restricts or inhibits any person or entity, whether a User of this Web Site or otherwise, in its use or enjoyment of the services or products of this Web Site
d. Utilize this Web Site or its services to harm minors in any way
e. Violate any rights of any person or entity, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations, including but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use
f. Violate export control laws
g. Upload, post, transmit, retransmit, distribute or store any false data, including but not limited to data on enrollment, on-line applications, contracts and including fraudulent use of credit card numbers, social security numbers or other personally identifiable data
h. Impersonate any person or entity or falsely state or otherwise misrepresent an identity or affiliation
i. Falsify headers or any other data directly or indirectly, in order to disguise or misrepresent the origin or identity of any content or transmission
j. Upload, post, transmit, retransmit, distribute or store any material or content, that You do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as inside information or proprietary and confidential information)
k. Upload, post, transmit, retransmit, distribute or store any material or content, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
l. Upload, post, transmit, retransmit, distribute or store any material or content that contains any unsolicited, unregistered or unauthorized advertising, chain letters, illegal contests, junk mail, promotional materials, pyramid schemes, business opportunities, club memberships, spam or any other form of solicitation
m. Upload, post, transmit, retransmit, distribute or store any material or content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, modify or limit the functionality of another entity's computer software, hardware or telecommunications equipment or support services
n. Disrupt the normal flow of dialogue, cause a screen to scroll faster to disrupt other users, or otherwise act in a manner that negatively affects other User's ability to use the services of this Web Site
o. Interfere with or disrupt the operations of this Web Site, including the support provided by any of this Web Site's service providers or linked sites, or fail to follow any of the requirements, procedures, policies or regulations of networks connected to this Web Site
p. Attempt to use or use multiple log-ins, methods for circumventing time charges accounting or log-in protections; attempt to consume excessive resources, including CPU time, memory, storage space resources; or to fail to safeguard or to share passwords or accounts with others in any way which disrupts or negatively affects the services of this Web Site
q. Intentionally or unintentionally violate any law, including but not limited to, regulations promulgated by the United States Securities and Exchange Commission, the Federal Trade Commission, any rules of any other securities exchange or regulatory body, and any regulations having the force of law
r. Post content, transmit e-mail or link to other sites for the marketing, sales, or distribution of: ammunition, counterfeit, pirated or stolen goods, explosives, firearms, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, fraudulent goods, liquor, pharmaceuticals or controlled substances, tobacco products, gaming products or services, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, or any goods or services that can not be legally sold, are misrepresented, or if displayed or sold on a web site, would cause this Web Site to violate any law, statute or regulation
s. Harvest, store or otherwise collect information about third parties, or other users of this Web Site, including e-mail addresses, without their express and verified consent
t. Use this Web Site or its Services for any illegal activities, including but not limited to, disobeying trade restrictions, vandalizing, altering or destroying online data or files, tampering with information data bases and software, trafficking in illegal products or substances, attempting unauthorized entry or access to this Web Site or to other networks or computers, or violating civil rights laws
u. Attempting to breach the security of this Web Site or other services used in conjunction with this Web Site, including but not limited to, attempting to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans or flood pings); unauthorized monitoring of data or traffic; installing, without authorization, continuously running programs; reselling CGI scripts; conducting denial of service attacks; attempting to disrupt service by distributing or introducing viruses, worms or other harmful software; attempting to create unauthorized full time connections
v. Misusing email or posting capabilities, including but not limited to sending unsolicited bulk mailing of commercial advertising and informational announcements; sending solicited email that otherwise violates these policies; sending email that falsifies an address or other information for the purpose of concealing the sender's or recipient's identity; harassing recipients through language, frequency, or size of messages; sending email chain letters or pyramid schemes; relaying email without the express permission of a web site, service, system or network; sending email with false or misleading statements, claims or representations; forging header information including but not limited to attempting to circumvent the approval process for posting to a moderated group; and canceling or superseding posts, data or content other than the User's own.
w. Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or other intelligent agents) to navigate or search this Site, other than the search engine and search agents available from eStand® on this Web Site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc) or attempting to link directly to locations embedded within this Web Site ("deep linking")
x. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site or other service providers or links to this Web Site
y. Create a border environment, frame or replicate the content of this Web Site through another web site
z. Imply or represent, directly or indirectly, by linking or otherwise, that eStand® or this Web Site is affiliated with, endorses, or has any relationship with any other entity or web site, without the prior written permission of eStand®

COPYRIGHT COMPLAINTS

eStand.com and its affiliates respect the intellectual property of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide eStand.com the written information specified below. Please note that this procedure is exclusively for notifying eStand.com and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement on its site, eStand.com can be reached as follows:

Copyright Claims
eStand.com
8340 N. Lincoln Avenue
Skokie, IL 60077

eStand may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.


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Copyright 2008-2014 e-Stand, Inc. - all rights reserved
eStand® products are licensed under the following U.S. patents 5,728,960, 6,084,168, 7,157,638, 7,297,856, 7,098,392, 7,074,999 and potentially others in the future.
eStand® is a U.S. Registered Trademark. eStand® Electronic Music Stand, eStand® Professional, eStand® Conductor, eStand® Deluxe, eStand® Lite and eStand® Reader are trademarks of e-Stand, Inc. aLiveEdit is a trademark of Foresight–Technologies Un Limited. Microsoft®, Windows XP®, XP Tablet®, XP Home®, XP Professional®, Windows 2000® and Vista® are registered trademarks of Microsoft Corporation in the United States and other countries. Acrobat® and PDF® are registered trademarks of Adobe Systems Incorporated, in the United States and other countries. All other trademarks are the property of their respective owners.
eStand® is not responsible for errors in this document and is subject to change at any time.