Authorization To Use Card
By accessing this site, you are representing to us that you are authorized to use the credit card you submit for payment (if any) and that you reside in the United States. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such other person, any charges associated with that person's use of any of the Services, and that person's compliance with this Agreement. It is your responsibility to protect your credit card from use by such persons. You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold PeteMartinezUSA.com and its affiliates and distribution and syndication partners harmless from any breach of this Agreement.
Right to Unsubscribe
As consideration for your rights under this Agreement, You agree that PeteMartinezUSA.com may provide marketing, promotional offers, advertising and other information to you via email or other means of communication. You may opt out of receiving such messages from PeteMartinezUSA.com at any time by clicking the "unsubscribe" link in any emails you receive from PeteMartinezUSA.com.
All licenses to download are personal to the customer. Your request to "purchase" a track by downloading is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. License to downloaded tracks include only those rights explicitly stated in the Service (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use it in any commercial manner.
All permanent downloads purchased from PeteMartinezUSA.com, regardless of format, can be downloaded only once. PETEMARTINEZUSA.COM will not replace or allow re-downloading of lost or damaged music files once the initial download is complete. For this reason, PETEMARTINEZUSA.COM recommends that you backup your PETEMARTINEZUSA.COM purchased music to CD or external hard drive for personal use.
WITHOUT LIMITING ANY PROVISION HEREIN, PETEMARTINEZUSA.COM MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER, PLAYER, PORTABLE DEVICE, OR OTHER HARDWARE WILL BE COMPATIBLE WITH RI'S APPLICATION OR THAT ANY COMPACT DISC BURNED USING THE APPLICATION WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE APPLICATION.
Methods of Payment and Credit Card Terms
All payments must be made by VISA, MasterCard, American Express or Discover Card. We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND PETEMARTINEZUSA.COM, YOU, AND NOT PETEMARTINEZUSA.COM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If PETEMARTINEZUSA.COM does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by PETEMARTINEZUSA.COM.
Prices exclude all taxes unless stated otherwise. PeteMartinezUSA.com collects taxes at the rate in effect at the time your transaction is completed.
PeteMartinezUSA.com may impose an additional transaction fee based on transactions associated with Services, including a transaction fee for your purchase of permanent downloads or burns. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction, likely via the order path for a Service, by email notification concerning your Service(s) and applicable fees, through the order path for permanent downloads, or in a similar, explicit manner.
Credit Card Authorization
If you request access to Services for which a fee is charged based on each individual transaction (typically, the purchase of permanent downloads), PeteMartinezUSA.com may seek authorization of your credit card to validate your ability to pay the applicable fees prior to the first purchase. This is a common and standard practice. This authorization is not a charge. However, this authorization may reduce your available credit by the authorization amount until your bank's next processing cycle.
Our Use of Account Information
PeteMartinezUSA.com will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. PeteMartinezUSA.com shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service(s).
This Agreement and any arbitration arising from disputes under this Agreement shall be governed by the laws of the State of Colorado, United States of America. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If either RI or you employ any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.