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Texas MusiciansMuseum
(TexasMusiciansMuseum.com)
Membership Terms and Conditons
This Membership Agreement ("Agreement") contains the complete terms and conditions that apply to a membership ("Membership") with the Texas Musicians Museum and TexasMusiciansMuseum.com. By submitting a Membership Application, each member ("Member") acknowledges, agrees to and accepts the following terms and conditions:
1. Benefits/Services. Texas Musicians Museum provides its Members with access to a wide range of benefits. Texas Musicians Museum endeavors to ensure that said list is kept current and accurate, and that all of its Members have equal and complete access to relevant services, resources and offers. Texas Musicians Museum makes no guarantee, however, that any particular benefit or set of benefits will be available to or usable by any particular Member at any particular time.
2. Term and Termination. The term of this Agreement will begin on the date Texas Musicians Museum accepts a Membership Application, unless terminated as set forth herein. Nothing contained herein shall obligate Texas Musicians Museum to accept any Membership Application. At the end of any Initial Term, this Agreement will automatically renew for successive one-year terms (each a "Renewal Term," and together with the Initial Term, the "Term"), unless either party gives written notice of termination at least thirty (30) days before the commencement of a Renewal Term. This Agreement may be terminated by Texas Musicians Museum for any reason by written notice, without refund of any portion of any membership dues or fees. Upon termination of this Agreement, Member may denyed and/ or no longer be eligible to receive any of the Benefits.
3. Dues/Fees. At this time membership with Texas Musicians Museum is free. Texas Musicians Museum reserves the right to begin charging for memberships at any time and setting forth terms and conditions of membership at it's soul discretion, will and schedule.
If a membership fee is required, an "Individual" Member has the option of activating and maintaining his/her membership either: a) by paying a non-refundable Enrollment Fee upon enrolling and non-refundable Renewal Fees upon commencement of each Renewal Term, or b) by paying Monthly Membership Dues upon enrollment and each month during the membership Term. Opting for payment of Monthly Membership Dues does not shorten the Initial Term. "Organizational" Members may activate and maintain their memberships only by paying annual Enrollment and Renewal Fees.
All payments shall be made in U.S. dollars (US$), and shall be made without deductions based on any sales, use, value-added or other taxes or withholdings. The Membership Fees/Dues do not include any taxes of any kind. Texas Musicians Museum may, in its sole discretion, modify the schedule or amount of annual Membership dues, provided that Texas Musicians Museum gives Member notice of any such change not less than sixty (60) days prior to the date on which such change becomes effective. Membership dues are not tax deductible.
4. Access to Information. In order to provide the Benefits, Texas Musicians Museum will maintain a database containing each Member's full name, mailing address, phone number, email address and Membership status. Texas Musicians Museum will not share Member's information with outside third party without Member's approval. Texas Musicians Museum may allow third parties to access the database solely for the purpose of delivering the Benefits to it's Members.
Active Members participating in any online interactive medium at texasmusiciansmuseum.com, such as in forums, online store and posting feedback and comments, shall abide by any Terms and Conditions set forth in those mediums.
5. Disclaimer. Except as expressly set forth in this Agreement, Texas Musicians Museum provides the Benefits on an as is, as available basis, makes no representations and warranties, express or implied, regarding the Benefits, and hereby specifically disclaims any and all such representations and warranties.
6. Liability. Texas Musicians Museum shall not be liable for indirect, incidental, consequential, special or exemplary damages arising from the Benefits, any breach of this Agreement or any provision of this Agreement. The liability of Texas Musicians Museum for any claims arising in connection with this Agreement will not exceed the amount of the Membership Fees/Dues paid by a Member to Texas Musicians Museum in the period in which the event giving rise to the liability occurs.
7. Notice. Any notice under this Agreement will be sent in writing to Texas Musicians Museum at 212 North Waco Street, Hillsboro, Texas 76645, or contactng Texas Musicians Museum through out online Contact Form at texasmusiciansmuseum.com, and to Member at the mailing address, electronic mail (email) address or facsimile number shown on the Membership Application. Such notice will be deemed delivered (i) on the delivery date if delivered personally or sent by email or confirmed facsimile, (ii) one business day after deposit with a commercial carrier with written verification of receipt or delivery confirmation, or (iii) five (5) business days after the mailing date, whether or not actually received.
8. Force majeure. Neither party will be considered in breach of this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond such party's reasonable control and that such party is unable to overcome by the exercise of reasonable diligence.
9. Assignment. Texas Musicians Museum, but not Member, may assign this Agreement and/or any right, interest or benefit hereunder.
10. Applicable Law. This Agreement and the legal relations between Texas Musicians Museum and Member will be governed by and construed in accordance with the substantive laws of the State of Texas, without giving effect to the principles of conflict of laws thereof.
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