Agreement to Our Legal Terms

These Terms of Use (the "Legal Terms") govern your access to and use of the website www.roxymusic.com (the "Site") and any related services (collectively, the "Services") provided by Reminded LLC, doing business as Roxy Music ("Company," "we," "us," or "our").

We are Reminded LLC, d/b/a Roxy Music, a company registered in Indiana, United States, with a business address at 1012 Lincolnway, La Porte, IN 46350.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

We may provide notice of scheduled changes to the Services. Changes to these Legal Terms become effective seven (7) days after such notice is provided unless a different effective date is stated. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Legal Terms. If you do not agree to the changes, you must stop using the Services.

The Services are intended for users who are at least 13 years old. Users under the age of 13 are not permitted to use or register for the Services.

We recommend that you print or save a copy of these Legal Terms for your records.

1. Our Services

Our Services are operated from the United States and are intended primarily for users located in the United States. If you access the Services from other jurisdictions, you do so on your own initiative and are responsible for compliance with your local laws and regulations.

The Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or Gramm-Leach-Bliley Act (GLBA). You agree that you will not use the Services in any way that would subject us to such regulations.

2. Intellectual Property Rights

All content included in the Services—including but not limited to text, graphics, logos, images, audio clips, video, digital downloads, and data compilations—is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Services for commercial purposes without our express prior written consent.

3. Submissions and Contributions

Any feedback, comments, ideas, or suggestions that you submit to us, whether through the Site, email, or other means ("Submissions"), are considered non-confidential and become our property. We may use, copy, modify, publish, or otherwise exploit any Submissions for any lawful purpose without restriction or compensation to you.

You are solely responsible for any content, reviews, or materials you contribute ("Contributions"). You represent and warrant that:

• Your Contributions do not infringe any third-party intellectual property, privacy, or other rights;
• Your Contributions are not unlawful, offensive, defamatory, or misleading;
• Your Contributions comply with these Legal Terms and all applicable laws.

4. User Representations and Registration

By using the Services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Legal Terms;
• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update it as necessary;
• You will not access the Services through automated or non-human means (such as bots or scripts);
• You will not use the Services for any illegal or unauthorized purpose;
• Your use of the Services will not violate any applicable law or regulation.

We reserve the right to suspend or terminate your account and refuse any current or future use of the Services if any information you provide is untrue, inaccurate, not current, or incomplete, or if you otherwise violate these Legal Terms.

5. Products and Payment Terms

We make reasonable efforts to describe our products and Services accurately on the Site. However, we do not guarantee that product descriptions, images, pricing, availability, or other content are error-free, complete, or current. In the event of an error, we reserve the right to correct any errors and to update information at any time without prior notice.

Prices and product availability are subject to change without notice. All prices are listed in U.S. dollars unless otherwise indicated.

We accept payment via major credit cards and approved third-party payment providers, including PayPal, PayPal Pay Later, and Affirm (subject to their respective terms and approval). Applicable sales tax may be added to your order. By placing an order, you agree to pay all charges incurred by you or any users of your payment method, including applicable taxes and shipping fees.

We reserve the right to refuse or cancel any order for any reason, including but not limited to limitations on quantities, suspected fraud, or errors in pricing or product information. If we cancel an order after charging your payment method, we will issue a refund for the affected amount.

6. Return and Shipping Policies

Our general return and shipping practices are summarized below and may be further detailed on our dedicated policies page at https://www.roxymusic.com/service/. In the event of a conflict, the specific return and shipping policy posted on the Site will control.

Returns are generally accepted within fourteen (14) days of delivery for unused, unopened items in original packaging, unless a product is marked as final sale or non-returnable. Items must be returned in the same condition in which they were received for full refund eligibility, subject to inspection. Certain items (including, but not limited to, custom products, mouthpieces, reeds, software, and downloadable products) may be non-returnable for hygiene, licensing, or other reasons.

We currently ship within the United States. In-stock items typically ship within one to two (1–2) business days, excluding weekends and holidays. Tracking information is generally provided once available. You are responsible for providing accurate shipping details at checkout. We are not responsible for delays or non-delivery due to incorrect or incomplete shipping information.

If an item arrives damaged, you must notify us within a reasonable period and provide photo evidence of the damage so we can assist with a replacement, repair, or claim with the carrier, as applicable.

7. Prohibited Activities

You may not use the Services for any unlawful or prohibited purpose. Prohibited activities include, but are not limited to:

• Violating any applicable laws, regulations, or third-party rights;
• Harassing, abusing, or harming another person or entity;
• Uploading or distributing viruses, malware, or other malicious code;
• Attempting to gain unauthorized access to any systems, networks, or data;
• Using data mining, robots, or similar data gathering or extraction tools;
• Submitting false, misleading, or fraudulent information;
• Interfering with the security or proper functioning of the Services.

We reserve the right to investigate and take appropriate legal action against anyone who violates this section, including termination of access to the Services.

8. User Reviews and Contributions

The Services may allow you to post reviews, ratings, or other content related to your experience. You agree that any reviews you submit will:

• Be based on your genuine, first-hand experience with our products or Services;
• Not contain abusive, discriminatory, defamatory, or obscene language;
• Not promote illegal activity or link to unlawful content;
• Not be submitted in exchange for compensation, discounts, or incentives unless clearly disclosed and permitted by law.

We reserve the right, but are not obligated, to monitor, edit, remove, or refuse any reviews or Contributions at our sole discretion.

By posting reviews or Contributions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, publish, translate, distribute, and display such content in connection with the Services. You retain ownership of your content, subject to this license.

9. Services Management and Privacy

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who violates these Legal Terms;
• Refuse, restrict, or disable access to all or part of the Services;
• Remove or disable any content that may violate these Legal Terms or applicable law.

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you agree to the terms of our Privacy Policy.

10. Term and Termination

These Legal Terms remain in full force and effect while you use the Services. We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including if we believe that you have violated these Legal Terms or any applicable law.

Upon termination, your right to use the Services will immediately cease. You may not create a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party, if your account has been suspended or terminated.

11. Modifications and Interruptions

We reserve the right to modify, suspend, or discontinue all or part of the Services at any time and for any reason without prior notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or interruption.

12. Governing Law and Dispute Resolution

These Legal Terms are governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of laws principles.

Before initiating formal legal action, you agree to first attempt to resolve any dispute or claim relating to these Legal Terms or the Services through good-faith informal negotiations with us.

If we are unable to resolve the dispute informally, any unresolved controversy or claim shall be submitted to binding arbitration in La Porte County, Indiana, in accordance with the rules of the American Arbitration Association (AAA). The arbitrator’s decision will be final and binding, and judgment may be entered upon it in any court having jurisdiction.

Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in a court of competent jurisdiction to protect our intellectual property rights or confidential information.

13. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE LEGAL TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

14. Indemnification

You agree to indemnify, defend, and hold harmless Reminded LLC (d/b/a Roxy Music), its affiliates, employees, contractors, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services;
• Your violation of these Legal Terms;
• Your violation of any third-party rights, including intellectual property or privacy rights;
• Any content or information you submit to the Services;
• Any harmful, unlawful, or negligent conduct by you related to your use of the Services.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

15. User Data

We may retain certain data that you transmit to the Services for the purpose of operating, analyzing, or improving our Services. Although we perform routine backups, you are solely responsible for maintaining copies of any data you submit or rely on.

We are not liable for any loss or corruption of user data, and you waive any claims arising from such loss or corruption.

16. Electronic Communications and Signatures

By using the Services, sending us emails, or submitting forms online, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You also consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Services. You waive any rights or requirements under laws that require an original signature or the delivery or retention of non-electronic records.

17. California Users and Residents

If you are a California resident and have a concern or complaint that is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

• By mail: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
• By phone: (800) 952-5210 or (916) 445-1254

18. Miscellaneous

These Legal Terms and any policies or rules posted by us on the Site or in connection with the Services constitute the entire agreement between you and us regarding your use of the Services.

If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Our failure to enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses you may have based on the electronic form of these Legal Terms and the absence of physical signing by the parties.

We may assign our rights and obligations under these Legal Terms to others at any time without notice to you. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services.

19. Contact Information

If you have questions or concerns about these Legal Terms, you may contact us at:

Reminded LLC (d/b/a Roxy Music)
1012 Lincolnway
La Porte, IN 46350
Email: [email protected]