Terms & Policies

Timothy C. Takach Website Terms of Use and Conditions of Order

This Website Terms of Use and Conditions of Order Agreement (“Agreement”) is made by and between Timothy C. Takach (“Graphite Artist Management,” “Us, “We” or “Our”) and you (“you,” “your,” or “User”). This Agreement contains the terms and conditions that govern your use of this website including making submissions and using other materials provided through this website.

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S SUBMISSION PROCESS, FORMS, OR ONLINE STORE (COLLECTIVELY “SERVICES”), YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

TIMOTHY C. TAKACH RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN MY SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE HYPER-LINKS FOR THIS AGREEMENT LOCATED AT THE BOTTOM AND WITHIN VARIOUS PAGES ON THE TIMOTHY C. TAKACH WEBSITE INCLUDING WITHOUT LIMITATION ITS MAIN LANDING PAGE.

THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 13 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 13. ALTHOUGH OUR WEBSITE IS INTENDED TO BE CHILD-SAFE, IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT ACCESS OR USE THIS WEBSITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.

TERMS OF USE
1. ACCESS TO THIS SITE
To access this website or some of the resources it offers, including contacting Timothy C. Takach, you may be asked to provide certain registration details or other information such as your name, e-mail address, and other credentials. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Timothy C. Takach believes the information you provide is not correct, current, or complete, Timothy C. Takach has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time.

2. RESTRICTIONS ON USE
You may use this website for purposes expressly permitted by this website. As a condition of your use of Timothy C. Takach’s website, you warrant to Timothy C. Takach that you will not use the website for any purpose that is unlawful or prohibited by this agreement. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of Timothy C. Takach. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or Content accessible within this website. You agree to cooperate with Timothy C. Takach in causing any unauthorized co-branding or framing immediately to cease. Competitors and third party aggregators may not connect “deep links” to the website, i.e., create links to this website that bypass the home page or other parts of the website without the prior written permission of Timothy C. Takach.

In addition, you may not use Timothy C. Takach’s website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this website without our express permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures. Your use of this website is strictly for non-commercial use only unless otherwise authorized in writing by Timothy C. Takach.

3. ADDITIONAL USE LIMITATION
You may not use, copy, modify, create derivative works, merge, publish, distribute, sublicense, and/or sell copies of any information, Content, software, products, or services obtained from or otherwise connected to Timothy C. Takach’s website except as expressly permitted by Timothy C. Takach.

4. PROPRIETARY INFORMATION
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Timothy C. Takach, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other content whether perceptible or not to a human (the “Content”) is the proprietary information of Timothy C. Takach or the party that provided or licensed the Content to Timothy C. Takach, whereby such providing party retains all right, title, and interest in the Content subject to the license grants contained herein for Submissions. Accordingly, except as expressly authorized by Timothy C. Takach, the Content may not be used, copied, modified, used to create derivative works, merged, published, distributed, sublicensed, sold, or transmitted in any way without the prior written consent of Timothy C. Takach or, in the case of the Submissions, except as is consistent with the license granted by users as set forth in this Agreement. Modification or use of the Content except as expressly provided in this Agreement violates Timothy C. Takach’s intellectual property rights and/or the intellectual property rights of others. Neither title nor intellectual property rights in and to the website or its Content are transferred to you by access to this website.

5. HYPER-LINKS
This website may be hyper-linked to other websites which are not maintained by, or related to, Timothy C. Takach and may contain information about products or services that are not related to or endorsed by Timothy C. Takach. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this website or Timothy C. Takach. Timothy C. Takach has not reviewed any or all of such websites and is not responsible for the content of those websites or the descriptions of their products and services. Timothy C. Takach is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user’s own risk, and Timothy C. Takach makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website. Timothy C. Takach provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by Timothy C. Takach of that website, its products or services, or any association with its operators.

6. USE OF COMMUNICATION SERVICES
Timothy C. Takach’s website may contain forums, chat areas, and/or other message or communication facilities and the ability to make Review Submissions designed to allow you to communicate with us, the Internet community, or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service and, in the case of a blog topic or other similar post, that are related to that main post.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this website any material that:
(i) you do not have the right to post, including proprietary material of any third party, such as files containing photos, audio, video or other material protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity or discusses an intent to commit an illegal act;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) does not pertain directly to this website and our mission or the main post to which a comment is directed;
(v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
(vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, providing personally identifiable details about children, showing children in inappropriate or illegal situations, or otherwise;
(vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(viii) violates any law or may be considered to violate any law;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(x) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website or by Timothy C. Takach;
(xi) solicits funds, advertisers, or sponsors;
(xii) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
(xiii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, redirects or misleads other users into visiting other sites or viewing unintended content in a misleading or deceptive way, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this website;
(xiv) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
(xv) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this website or any networks connected to this website; or
(xvi) contains hyper-links to other websites that contain content that falls within the descriptions set forth above.

Timothy C. Takach reserves the right to monitor use of this website to determine compliance with this Agreement, as well as the right to remove or refuse any information, including any Review Submission for any reason. Timothy C. Takach reserves the right to terminate your access to any or all of the Communication Services and/or the website at any time without notice for any reason whatsoever. Timothy C. Takach also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information, Review Submissions, or materials, in whole or in part, in its sole discretion.

Notwithstanding these rights, you remain solely responsible for the content of your Review Submissions. You acknowledge and agree that neither Timothy C. Takach nor any third party that provides Content to Timothy C. Takach for your use, performance, display, viewing, distribution, modification, or other purpose will assume or have any liability for any action or inaction by Timothy C. Takach or such third party with respect to any Review Submission. Timothy C. Takach cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Timothy C. Takach does not control or endorse the content, messages, or information found in any Communication Service and, consequently, Timothy C. Takach specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.

7. DISCLAIMER
You understand that Timothy C. Takach cannot and does not guarantee or warrant that the website or its Content, or any files, including without limitation Content, available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Timothy C. Takach does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Timothy C. Takach. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type. All product sales are pursuant to separate, written agreements or, if ordered through Timothy C. Takach’s online store, the Conditions of Order as set forth in this Agreement. The Content should not be relied upon by you or any other party for personal, medical, or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TIMOTHY C. TAKACH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TIMOTHY C. TAKACH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMOTHY C. TAKACH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TIMOTHY C. TAKACH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TIMOTHY C. TAKACH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. TIMOTHY C. TAKACH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Timothy C. Takach does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.

Like most websites, this website is accessible worldwide. However, not all products or services offered by Timothy C. Takach are available to all persons or in all geographic locations. Timothy C. Takach reserves the right to limit the provision of its products to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

9. LIMITATION ON LIABILITY
TIMOTHY C. TAKACH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GRAPHITE PUBLISHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TIMOTHY C. TAKACH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW IF A TOTAL DISCLAIMER OF ALL LIABILITY IS NOT ALLOWED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY RELATED TO PRODUCTS PURCHASED THROUGH TIMOTHY C. TAKACH’S ONLINE STORE ARE SET FORTH IN THE CONDITIONS OF ORDER.

Any cause of action against TIMOTHY C. TAKACH, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS with respect to the website or its Content must be instituted within one (1) year from the date on which the claim arose.

10. TERMINATION OR RESTRICTION OF ACCESS
Timothy C. Takach reserves the right, in its sole discretion, to terminate your access to the Timothy C. Takach’s website or any portion thereof and the related services or any portion thereof at any time, without notice.

11. INDEMNITY
You will defend, indemnify and hold Timothy C. Takach, its subsidiaries, affiliates, licensors, licensees, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this agreement by you, including without limitation any use of Content other than as expressly authorized in this agreement and any claim or damage of any type regarding or relating to your Submission, such indemnification including without limitation any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees (including without limitation for the cost of defense) of the Indemnified Parties in connection therewith. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content.

12. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Timothy C. Takach or the party that provided the trademarks, services marks, logos, and copyrighted works to Timothy C. Takach. Timothy C. Takach and any party that provided trademarks, service marks, logos, and copyrighted works to Timothy C. Takach retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.

13. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Timothy C. Takach’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Timothy C. Takach and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the website, including the Submission name or ID, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Timothy C. Takach’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
Copyright Agent:
Timothy C. Takach
22540 181st St NW
Big Lake, MN 55309
phone: 612.961.0460
fax: 419.821.6507
e-mail: tim@timothyctakach.com

14. SECURITY
Any passwords used for this website including, without limitation, any customer profiles used in relation to the online store are for individual use only. You will be responsible for the security of your password (if any). Timothy C. Takach will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Timothy C. Takach considers insecure, Timothy C. Takach will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Timothy C. Takach reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Timothy C. Takach reserves the right to investigate suspected violations of this agreement.

Timothy C. Takach reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Timothy C. Takach to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate this agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TIMOTHY C. TAKACH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GRAPHITE PUBLISHING, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TIMOTHY C. TAKACH OR LAW ENFORCEMENT AUTHORITIES.

15. MISCELLANEOUS
The laws of the State of Minnesota shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms of Use. Any controversy or claim arising out of or relating to these Terms of Use or your use of the website or the Content (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The prevailing party shall be entitled to an award of costs and expenses, including reasonable attorney fees. The arbitrator(s) shall have no authority to directly or indirectly award any form of consequential damages, as such damages have been waived by the parties to this Agreement. Such prohibited damages include lost profits; any form of overhead not directly incurred at the project site, such as home office overhead; wage or salary increases; ripple or delay damages; loss of productivity; increased cost of funds for the project; extended capital costs; lost opportunity to work on other projects; inflation costs of labor, material, or equipment; non – availability of labor, material or equipment due to delays; increased costs of bonding due to delay; or any other indirect losses arising from the conduct of the parties to this Agreement. The award shall be final and binding on the parities and may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Timothy C. Takach, Timothy C. Takach may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Timothy C. Takach’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that Timothy C. Takach’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute must be instituted within one (1) year from the date on which the claim arose.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.

Timothy C. Takach may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this agreement shall inure and be binding upon any party’s permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Timothy C. Takach as a result of this agreement or use of Timothy C. Takach’s website.

This Agreement constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Timothy C. Takach with respect to Timothy C. Takach’s websites.

Notwithstanding the foregoing, any additional terms of use and conditions of order on this website will govern the items to which they pertain.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

The failure by Us at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Timothy C. Takach may revise this Agreement at any time by updating this posting.
Last Modified: May 2, 2019

CONDITIONS OF ORDER
All orders placed with Timothy C. Takach are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. These Conditions of Order are in addition to any terms and conditions provided by any third party webstore.

1. Order Validation and Acceptance. When you place an order, we may verify your method of payment and/or shipping address, if any, before processing your order. Your placement of an order with Timothy C. Takach is an acceptance of Timothy C. Takach’s offer to sell our Products (those “Products” being those sold through this website and any website to which these terms are attached and including those branded as Timothy C. Takach), subject to availability and pursuant to the terms contained in these Conditions of Order. Timothy C. Takach, at its discretion, may complete your order by processing your payment and shipping the Product, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the Product has been shipped. If Timothy C. Takach declines to complete your order, Timothy C. Takach will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.

2. Quantity Limitations. Timothy C. Takach may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Timothy C. Takach may reject any order, or any part of an order.

3. Electronic Communication. When you place an order via the website, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Timothy C. Takach will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of Timothy C. Takach.

4. Pricing and Product Information. Timothy C. Takach makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Timothy C. Takach’s completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Timothy C. Takach, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Timothy C. Takach will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.

5. Payment. Timothy C. Takach offers the following payment methods through PayPal: Visa, MasterCard, American Express, JCB, and Discover.

6. Shipping Charges. Purchases through the website are only available via digital download. There is no additional charge for download.

7. Handling Charge. There is no handling fee.

8. Dishonored and Late Payments. You shall pay to Timothy C. Takach all costs incurred by Timothy C. Takach in collecting on any dishonored payment or on any past due amount from you, including all court costs, collection costs, and attorney’s fees. If a payment method you give us for payment is dishonored or for any reason by the bank or other institution on which it is drawn, you agree to pay Timothy C. Takach $30.00 as a service charge (if the payment cannot be redeposited) pursuant to Minnesota Statutes § 604.113.

9. Shipping – Downloading Digital Score Purchase. Purchases through the website are ONLY AVAILABLE via digital download. For purposes of this Agreement, “Shipping” means to made a purchase available for download. Once you have placed your order and payment is confirmed, you will immediately be able to download your Timothy C. Takach digital score purchase. Each digital score purchase may be downloaded by you up to five times. Timothy C. Takach digital scores are offered as PDF files. You will need Adobe Acrobat or a similar PDF reader to view the PDF files. Timothy C. Takach will do its best to help with downloading issues, but is not responsible for problems related to internet connection, web browser, computer configuration, or software used before, during, or after a site browsing session or a file download operation. Please carefully read the “License Grant” section below, to understand the conditions that govern use of Timothy C. Takach’s products.

10. License Grant. Subject to the terms of this Agreement, Timothy C. Takach grants you a limited, non-transferable, non-exclusive license, to:
(a) download digital copies of each Product solely for your use on your digital devices;
(b) print only one (1) hard copy of each Product solely for your use. Additional purchases must be made if you want to make more physical copies or multiple people want to use the Product;
(c) use with rehearsal and public performances, including competition and festival purposes. This includes competition copies for judges.

Please keep your purchase receipt, as it is the proof of license. Any other use apart from these uses described are not allowed without the prior express written consent of Timothy C. Takach.

If you have any questions about the license grant, you may contact us via Contact Us (forms-based method of communicating with Timothy C. Takach), or through the contact information provided below.

11. Export Compliance. In addition to the United States and its territories, Timothy C. Takach accepts international orders through other forums. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to U.S. law is prohibited.

12. Replacement and Refund Policy. In most cases, Timothy C. Takach will provide replacements and refunds subject to the terms outlined in this Section. As our products are only available as electronic PDF copies, there is no traditional “return” as with physical goods. We ask our customers to be honest and to help support the people who are creating this music!
• If you place an order by mistake, Timothy C. Takach will refund the purchase price provided you notify Timothy C. Takach within seven (7) calendar days of your order.
• If Timothy C. Takach provides the wrong Product available for download, Timothy C. Takach will either provide a replacement or refund the purchase price provided you notify us within seven (7) calendar days of your order.

Upon receipt of a refund, you are required to destroy any electronic and physical copies made of the Product related to the return. To facilitate processing of replacements or refunds, please contact us via Contact Us (forms-based method of communicating with Timothy C. Takach), or through the contact information provided below.

13. Force Majeure. Timothy C. Takach will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Timothy C. Takach’s time for delivery or performance will be extended by the period of such delay or Timothy C. Takach may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.

14. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of the State of Minnesota shall apply to these Conditions of Order, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order. Any controversy or claim arising out of or relating to the Conditions of Order or your purchase or use of Products (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Order will be joined to an arbitration involving any other party subject to these Conditions of Order, whether through class arbitration proceedings or otherwise. The prevailing party shall be entitled to an award of costs and expenses, including reasonable attorney fees. The arbitrator(s) shall have no authority to directly or indirectly award any form of consequential damages, as such damages have been waived by the parties to this Agreement. Such prohibited damages include lost profits; any form of overhead not directly incurred at the project site, such as home office overhead; wage or salary increases; ripple or delay damages; loss of productivity; increased cost of funds for the project; extended capital costs; lost opportunity to work on other projects; inflation costs of labor, material, or equipment; non – availability of labor, material or equipment due to delays; increased costs of bonding due to delay; or any other indirect losses arising from the conduct of the parties to this Agreement. The award shall be final and binding on the parities and may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Timothy C. Takach, Timothy C. Takach may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Timothy C. Takach’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that Timothy C. Takach’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute must be instituted within one (1) year from the date of purchase or provision of the Product at issue.

15. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Timothy C. Takach of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Timothy C. Takach. These Conditions of Order and the subject matter that they cover including without limitation the purchase of Products do not create any joint venture, partnership, employment, or agency relationship between you and Timothy C. Takach or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

16. Changes to the Conditions of Order. Timothy C. Takach reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of Products, and your purchasing of Products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. In the event that a change or update is made to these Conditions of Order, the “Date of Last Modification” will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the website, as a default, you elect to receive e-mails that Timothy C. Takach may in its discretion send notifying you of changes to this Conditions of Order and/or other Timothy C. Takach policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Conditions of Order to the contrary, Timothy C. Takach may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and Timothy C. Takach.

17. LIMITATION ON LIABILITY
TIMOTHY C. TAKACH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GRAPHITE PUBLISHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GRAPHITE PUBLISHING, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW IF A TOTAL DISCLAIMER OF ALL LIABILITY IS NOT ALLOWED.

Any cause of action against Timothy C. Takach, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS with respect to the website or its Content must be instituted within one (1) year from the date on which the claim arose.

18. INDEMNITY
You will defend, indemnify and hold Timothy C. Takach, its subsidiaries, affiliates, licensors, licensees, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this agreement by you, including without limitation any use of Content other than as expressly authorized in this agreement and any claim or damage of any type regarding or relating to your Submission, such indemnification including without limitation any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees (including without limitation for the cost of defense) of the Indemnified Parties in connection therewith. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content.

Contacting Us – If you have questions about our use of information, please contact us using Contact Us (forms-based method of communicating with Timothy C. Takach), or by contacting us at:
Timothy C. Takach
22540 181st St NW
Big Lake, MN 55309
Phone: 763.545.1801
Fax: 419.821.6507
Email: tim@timothyctakach.com