PRIVACY POLICY | The Musician's Lawyer

ABESQ LLC Website Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the ABESQ LLC web site located at www.buscherlaw.com, and all associated sites linked to www.buscherlaw.com by ABESQ LLC, its subsidiaries and affiliates, including ABESQ LLC sites around the world (collectively, the "Site"). The Site is the property of ABESQ LLC. ("ABESQ") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. USE OF THIS SITE EXPRESSLY DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH ANY SITE USER. NOTICE: MARIJUANA IS ILLEGAL UNDER FEDERAL LAW.

ABESQ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ABESQ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ABESQ, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ABESQ’s express prior written consent.

You may use information on ABESQ products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ABESQ for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ABESQ reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ABESQ server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ABESQ, including any ABESQ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ABESQ’s systems or networks, or any systems or networks connected to the Site or to ABESQ.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ABESQ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ABESQ or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

ABESQ’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

ABESQ may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ABESQ makes no commitment to update the materials on the Site with respect to such products and services.

Unsolicited Idea Submission Policy

ABESQ and its employees and contractors do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to ABESQ or any of its employees or contractors.

The purpose of this policy is to avoid potential misunderstandings or disputes when ABESQ’s products, services, technologies, advertising, promotions, marketing strategies or content might seem similar to submissions provided to ABESQ. If, despite our request that you not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.

Terms of Idea Submission

You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of ABESQ, without any compensation to you; (2) ABESQ may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for ABESQ to review the submissions; and (4) there is no obligation to keep any submissions confidential.

Feedback and Information

Any feedback you provide at this site will be deemed to be non-confidential and not proprietary. ABESQ will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ABESQ ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify ABESQ immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ABESQ or any other user of or visitor to the Site due to someone else using your ABESQ ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ABESQ ID, password or account at any time without the express permission and consent of the holder of that ABESQ ID, password or account. ABESQ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to the ABESQ Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ABESQ’s control, and ABESQ is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ABESQ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ABESQ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ABESQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABESQ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ABESQ SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ABESQ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

ABESQ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will ABESQ be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ABESQ has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, ABESQ is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ABESQ’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against ABESQ, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold ABESQ, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ABESQ by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

ABESQ may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ABESQ’s rights or property, or the rights or property of visitors to or users of the Site, including ABESQ’s customers. ABESQ reserves the right at all times to disclose any information that ABESQ deems necessary to comply with any applicable law, regulation, legal process or governmental request. ABESQ also may disclose your information when ABESQ determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ABESQ may preserve any transmittal or communication by you with ABESQ through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ABESQ determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ABESQ, its employees, users of or visitors to the Site, and the public.

You agree that ABESQ may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ABESQ, for which monetary damages would be inadequate, and you consent to ABESQ obtaining any injunctive or equitable relief that ABESQ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ABESQ may have at law or in equity.

You agree that ABESQ may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If ABESQ does take any legal action against you as a result of your violation of these Terms of Use, ABESQ will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ABESQ. You agree that ABESQ will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ABESQ and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

ABESQ LLC administers and operates the http://www.buscherlaw.com site from its location in Denver, Colorado, USA; other ABESQ sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ABESQ reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ABESQ with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ABESQ with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with ABESQ, ABESQ will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ABESQ’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ABESQ of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ABESQ and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

ABESQ provides access to ABESQ international data and, therefore, may contain references or cross references to ABESQ products, programs and services that are not announced in your country. Such reference does not imply that ABESQ in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. ABESQ shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

ABESQ LLC’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

This privacy policy describes how ABESQ LLC uses and protects personal information collected by ABESQ LLC during the course of using this website.

ABESQ LLC is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

ABESQ LLC may change this policy from time to time by updating this page. You should check this page periodically to ensure that you are fully aware and accept Escape Artist privacy policy changes. This policy is effective from January 15, 2018

What we collect

ABESQ LLC may collect the following information:

Your full name
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers

Why do we gather this information?

We require this information to understand your needs and provide you with valuable product benefits, information, and resources to deliver an optimal customer and stakeholder experience. Uses for information may include:

Internal record keeping
We may use the information to improve our products and services;
If you provided your emails address,ABESQ LLC may periodically send; promotional emails about new products, special offers or other information that we think you may find interesting. You may opt out of email communications by unsubscribing to our email newsletters;
From time to time, we may elect to contact you for market research purposes. We may contact you by email, phone, fax or mail. In an effort to better serve you, we may use the information you provide to customize our website according to your interests and preferences.

Security

ABESQ LLC is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place reasonable electronic and managerial procedures to safeguard and secure the information we collect online.

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website experience by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should be aware that we do not have control over that other website. Therefore, we cannot be responsible for the protection and privacy of information that you provide whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and carefully review the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on the website, check the box indicating that you do not want the information to be used for direct marketing purposes
If you have previously agreed to allow ABESQ LLC to use your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firm@buscherlaw.com.

ABESQ LLC will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law. Upon request, we may use your personal information to send you promotional information about third parties organizations that we think you may find interesting.

You may request details around the personal information we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of what personal information ABESQ LLC holds, please email firm@buscherlaw.com.

If you believe that any information we retain on you is incorrect or incomplete, please write to or email us as soon as possible at firm@buscherlaw.com. We will promptly correct any information found to be incorrect.

The information contained in this web site is subject to change without notice.