Terms of USE
August 8, 2026
WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
ACKNOWLEDGMENT These Terms of Use govern the use of the website accessible at https://www.saramahnflutist.com (the “Website” or the “Service”) and the agreement that operates between SARAMAHNMUSIC, LLC (the “Company”, “We”, “Us” or “Our”) and the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable (“You”).
These Terms of Use set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
AGE RESTRICTIONS AND ELIGIBILITY
Minimum Age Requirement. The Website and Services are intended solely for users who are eighteen (18) years of age or older, or users between the ages of thirteen (13) and eighteen (18) who are accessing the Website with the express permission and supervision of a parent or legal guardian.
User Representations. By accessing or using the Website, creating an account, or purchasing a Subscription, You represent and warrant that:
You are at least 18 years old and have the legal capacity to enter into a binding contract; OR
You are at least 13 years old, and Your parent or legal guardian has read and agreed to these Terms of Use on Your behalf, and You have their permission to use the Service.
Prohibition of Children Under 13. To comply with federal privacy laws, if You are under the age of thirteen (13), You are strictly prohibited from using the Website, creating an account, purchasing a Subscription, or providing any personal information to Us. We do not knowingly collect personal information from children under 13.
Account Termination. If We discover or have reasonable grounds to suspect that an account has been created by a person under 13, or by a minor between 13 and 18 without verifiable parental consent, We reserve the right to suspend or terminate the account and delete any associated data immediately without notice or liability.
USER ACCOUNTS
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
VIP MEMBERSHIP AND SUBSCRIPTIONS
Subscription Terms and Auto-Renewal. The Company may offer certain premium services, exclusive content, and features available through a paid VIP membership or subscription (a “Subscription”). By registering for a Subscription, You agree to pay the applicable fees and taxes. Unless otherwise stated during the sign-up process, Your Subscription will automatically renew at the end of each billing cycle (e.g., monthly or annually) unless You cancel it before the end of the current billing period.
Billing and Payment. By providing a credit card or other payment method, You represent and warrant that You are authorized to use the designated payment method and that You authorize Us (or our third-party payment processor) to charge Your payment method for the total amount of Your Subscription (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, Your Subscription may be suspended or cancelled.
Cancellation Policy. You may cancel Your Subscription at any time through Your account settings on the Website or by contacting Us at saramahn@saramahnflutist.com. Cancellation will take effect at the end of Your current billing cycle. You will continue to have access to the VIP content and features through the end of Your current billing cycle.
No Refunds. To the fullest extent permitted by applicable law, all fees are non-refundable. We do not provide refunds or credits for any partial-month Subscription periods or unused VIP content.
Exclusive VIP Content Restrictions. As a VIP member, You may receive access to exclusive content, including but not limited to special audio tracks, videos, or behind-the-scenes materials (“VIP Content”). This VIP Content is strictly for Your personal, non-commercial use. You may not download (unless expressly permitted by a download button provided by the Company), copy, screen-record, distribute, share, or transfer any VIP Content to any third party or non-member. Any unauthorized sharing of VIP Content is a direct violation of these Terms of Use and will result in the immediate termination of Your Subscription without a refund, as well as potential legal action for intellectual property infringement.
Changes to Pricing and Subscription Plans. The Company reserves the right to change our Subscription plans or adjust pricing for our service or any components thereof in any manner and at any time. Any price changes or changes to Your Subscription plan will take effect following notice to You, provided that no price change will apply to Your current billing cycle.
LICENSE TO USE WEBSITE
Upon and subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, revocable license to access and use the Website only in the manner presented by Company. Any use of the Website for any purpose other than stated herein is a violation of these Terms of Use and of the copyright and other intellectual property rights of the Company. Use of any part of the Website on any other website or networked computer environment is strictly prohibited.
You agree not to use the Website in any way that could damage, disable, overburden, or impair Our servers or networks. You explicitly agree that you will not:
Scrape or Extract Data: Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Website or to extract, gather, or copy data (including videos and user information) for any purpose without our express written permission.
Bypass Security: Attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Website that you are not authorized to access.
Reverse Engineer: Reverse engineer any aspect of the Website or do anything that might discover source code or bypass measures employed to prevent or limit access to any area of the Website.
Link to the Website: Link to any page of the Website other than to https://www.saramahnflutist.com through a plain text link in the absence of a separate linking agreement with the Company. Any website or other device that links to https://www.saramahnflutist.com or any page available therein is prohibited from (a) implying in any fashion that the Company is endorsing it, (b) misrepresenting any state of facts, including its relationship with the Company, (c) presenting false information about the Services, and (d) using any logo or mark of the Company without express written permission from the Company.
ITEMS AVAILABLE FOR PURCHASE
Informational Purposes Only. The Website may display used musical instruments or other items available for purchase in a catalog format. These listings are provided for informational purposes only and constitute an invitation to inquire, not a legally binding offer to sell. No transactions for physical instruments are processed or finalized through the Website.
Private Sales and Separate Agreements. If You wish to purchase an item listed on the Website, You must contact the Company directly to arrange the transaction. All sales, payment processing, and delivery arrangements will be conducted privately, offline, and entirely outside of the Website's Services. Any resulting purchase will be strictly governed by a separate Instrument Purchase Agreement or Bill of Sale executed directly between You and the Company.
Listing Accuracy. While We strive to provide accurate descriptions, specifications, and photographs of the items in our catalog, We do not warrant that listing details are entirely error-free, complete, or current. The actual condition of the item, any applicable "as-is" disclaimers, and the final terms of sale will be exclusively defined in Your separate, offline agreement with the Company.
INTELLECTUAL PROPERTY MATTERS
Intellectual Property Acknowledgment. You acknowledge that the Website is protected by copyright, trademark or other intellectual property rights of the Company. Any use by You of any of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of the Company or the owner of the mark or name, as applicable, is prohibited.
Intellectual Property Infringement. We respect the intellectual property rights of others. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing via email to saramahn@saramahnflutist.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing Your copyright.
Intellectual Property Ownership. The Company owns and operates the Website. All information, text, graphics, software, and other content that make up the Website are the property of the Company or its licensors. Except as expressly provided in this Agreement, nothing within the Website will transfer any ownership interest in or license to the Website, whether by estoppel, implication, waiver, or otherwise.
YOUR FEEDBACK TO US Any feedback, innovations, contributions, evaluations or suggestions regarding the attributes, performance or features of our Service made or given in whole or in part by You to, of, or with respect to any of Website (“Feedback”) and which may be considered a “work made for hire” under the United States copyright laws, shall be considered a “work made for hire,” the copyright of which shall be owned solely, completely and exclusively by the Company. To the extent that such works are not considered a work made for hire, You hereby assign all worldwide copyrights in such works to the Company, and shall cooperate with the Company during and after the term of this Agreement, as reasonably required to perfect and document the sole ownership thereof by the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
NO AFFILIATION; RESTRICTIONS ON USE In using the Website, you agree you will not hold yourself out in any way sponsored by, affiliated with, or endorsed by the Company.
CHANGES The Company reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, information or content, at any time, with or without notice or liability. The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to You. Any modifications will be effective upon visiting the Website. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Website after any such modifications have been posted will be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to You, you should immediately cease use of the Website. You agree that this standard for notice of modifications is reasonable.
LINKS TO OTHER INTERNET SITES The Website may contain links to other internet sites that are operated and maintained by third parties. You acknowledge, understand and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.
You acknowledge that you are aware of and accept the terms and conditions of the Company’s Privacy Policy. You should be aware of the general risks of transmitting information over the Internet. While the Company attempts to prevent unauthorized tampering with its Website, we cannot guarantee that these efforts will always be successful. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
TERMINATION We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
WARRANTY DISCLAIMER THE WEBSITE AND THE INFORMATION THEY CONTAIN ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE; (2) YOUR USE OF THE WEBSITE; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITES YOU MAY ACCESS THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY IN NO EVENT WILL THE COMPANY, ITS SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH THE COMPANY, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING AGGREGATE LIABILITY LIMITATION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION AND LIMITATION.
INDEMNIFICATION You agree to indemnify and hold harmless the Company, its affiliates and their respective officers, directors, agents, and employees from and against any claim, demand, or cause of action (including any attorney’s fees) arising out of claims based on any aspect of Your use of the Website, including without limitation (i) your failure to comply with these Terms of Use, and (ii) your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.
MISCELLANEOUS
Severability. If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, You understand and agree that the clause or provision will be severable without affecting the enforceability of all remaining clauses or provisions.
Applicable Law, Venue and Jurisdiction. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from Your use of the Website or of any information You obtain from the Company will be governed by the laws of the United States of America and the State of Arizona. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from Your use of this Website or any information You receive from the Company will be brought exclusively in the United States District Court, District of Arizona, or the Superior Court of Arizona in and for Maricopa County, and You hereby expressly consent to the exercise of jurisdiction over You by such courts.
Notices. Any notice to the Company under these Terms of Use will be given in writing and sent by certified and registered mail to SARAMAHNMUSIC, L.L.C., 2901 EAST GREENWAY ROAD #30002, PHOENIX, AZ 85046.
Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms will not affect a party's ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.
Entire Agreement. This Agreement and the Privacy Policy constitute Your entire agreement with the Company and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between You and the Company. You agree that this Agreement takes effect on Your first use of the Website, and that it applies to all persons accessing the Website from any device of yours that can access the Service such as a computer, a cell phone or a digital tablet. If any inconsistency exists between the terms of this Agreement and any additional Terms of Use posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional Terms of Use will control.
Limitation of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of action arose.
Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
Reasonableness of Provisions. You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this Agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, the Company has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by the Company contrary to those set forth above.
CONTACT US If you have any questions about these Terms of Use, You can contact us:
By sending Us an email: saramahn@saramahnflutist.com