Welcome to the annemurray.com website (the “Website”). Please read these Terms of Use carefully. These Terms of Use create an agreement between you, the user, and Morna A Inc., the owner of the Website. These Terms of Use govern your use of the Website and all orders placed and products provided through the Website.

Each time you use the Website, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with each provision of these Terms of Use each time you use the Website, you may not use the Website.

The Morna A Inc. Privacy Policy sets out additional terms and conditions surrounding the provision of personal information via the Website. By accepting these Terms of Use, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy as it then exists without any further notice or any liability to you or any other person.

These Terms of Use may change at our sole discretion at any time, and without notice by posting revised Terms of Use on the Website. You may not change, supplement, or amend these Terms of Use in any manner.

Who may use the Website
The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. If you are under the legal age of majority in the jurisdiction in which you live and wish to purchase products online through the Website, please have a parent or legal guardian make the purchase for you.

Purchases made through the Website
It's easy to purchase products through the Website. For your convenience, we accept VISA, MasterCard, and American Express. We do not accept cheques, money orders or cash. If you would rather not use your credit card online, you can have your order processed by sending a completed order form to:

The Anne Murray Centre
P.O. Box 610,
Springhill, Nova Scotia
Canada
B0M 1X0

or fax to: (902) 597-2001

We cannot guarantee that products advertised on the Website will be available when ordered or thereafter. We also reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order products for which the price was incorrectly displayed, we will provide you with an opportunity to place an order at the correct price. If you order products that are not available, we will notify you by email.

All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. We have indicated the U.S. equivalent, and we have provided an international currency converter, on the Website as a guideline only. Your financial institution will calculate the current exchange rate at the time your credit card transaction is processed. Applicable sales and other taxes will be added for shipments to residents of Canada and shipping charges will be added to all orders and are in addition to the prices set out on the Website. For further information on shipping and handling charges click on the following link: http://www.annemurray.com/pages/shopping_terms.html.

All items are shipped via air mail parcel post unless you specifically indicate in writing a different preference and we confirm that such shipping arrangements are acceptable. We will advise you of any additional costs for priority delivery service. We will use commercially reasonable efforts to deliver items as quickly as possible. Please allow two weeks to four weeks for delivery of items. We will endeavour to notify users if delivery is delayed. However, we are not responsible for delivery delays beyond our control. All items are delivered by a third party, and delivery is governed by their shipping contracts. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy and the right not to ship to certain addresses. We also reserve the right to cancel orders at our discretion.

The advertisements on the Website are invitations for order forms, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products referenced in your order form. Your order form shall be deemed to be accepted only if and when we send you an order confirmation to your email address. The order confirmation constitutes our acceptance of your order form.

Returning products purchased online
We would be pleased to exchange defective items you purchase online through the Website or items shipped to you because of an error on our part, up to 30 days after your receive your order. Books, sheet music, CDs, cassettes, DVDs and videos in opened packages may only be exchanged for the same item. Shipping and handling (S&H) charges are non-refundable; however, we will gladly refund your original shipping cost if you are returning an item because of an error on our part, or we have determined that the product is defective.

All products (both defective and non-defective) must be returned in their original purchase condition, with the original packing material. In the event that a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount.

On purchases made with a credit card, the same card used to make the purchase will be credited with the refund. The credit will be made within 5 to 7 business days of us receiving and verifying the returned merchandise.

Misprints
We do our best to provide you with the most up-to-date and accurate information. In the event that a misprint or another error does occur, we reserve the right to change the prices, fees and charges regarding the products available through the Website at any time and from time to time and/or correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Website, in each case, without any notice or liability to you or any other person.

Using linked content and linking and framing the Website
The Website provides links to other websites. All of these other websites are independent from annemurray.com, and therefore we have no control over, and no responsibility or liability for, these other websites or their contents, or their use. We provide these links solely for your convenience. We do not sponsor or endorse any of these other websites or their content or the goods or services available through these other websites. Your use of these other websites and your dealings with the owners or operators of these other websites is at your own risk, and you shall not make any claim against us arising out of your use of any these other websites or your dealings with the owners or operators of any of these other websites.

Links to the Website without our express written permission are strictly prohibited. To request permission to link to the Website, please contact Chief Information Officer: info@annemurray.com. We reserve the right to cancel and revoke any permission we may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Website or any of its content in any form and by any method is strictly prohibited.

User-provided content
If you choose to send emails, photographs, images or other content or correspondence (written or otherwise) to us or Anne Murray (collectively, “Content”), you hereby acknowledge and agree that:

(a) all or any portion of the Content may be (i) posted or otherwise used on the www.annemurray.com website (or any other website owned by Morna A Inc., Anne Murray or Anne Murray’s record company), (ii) read or otherwise used at Anne Murray concerts and/or public appearances and/or (iii) used in and/or in connection with the publishing, distribution or other exploitation of any books, biographies, newsletters, magazines, Anne Murray fan club communications or other publications (including, without limitation electronic publications) of any kind relating to Anne Murray and/or Anne Murray’s career;

(b) you hereby irrevocably and without limitation and throughout the universe grant to us, on a royalty free basis, all necessary rights, licenses, consents, permissions and waivers to (and to permit others to) use the content for the purposes contemplated in paragraph (a) immediately above, including, without limitation, the right and license to (and to permit others to) use, copy, reproduce, modify, adapt, edit, combine the content with any other content or works of any kind, publish, translate, distribute, perform, display and/or otherwise exploit the content or any portion thereof, by any and all means and in any and all media now or hereafter know;

(c) you shall have no right of approval over the use of the content, nor shall you be entitled to receive any compensation in respect of the use of the content;

(d) by submitting the content, you warrant and covenant to us that (i) you are the exclusive owner of all right, title and interest in and to the content, (ii) you have the full right and authority to submit the content to us, (iii) the use of the content as contemplated herein will not violate the rights of any third party and (iv) you irrevocably and without limitation waive all of your moral rights in and to the content; and

(e) YOU HEREBY RELEASE WWW.ANNEMURRAY.COM, ANNE MURRAY, MORNA A INC., THE ANNE MURRAY CENTRE, THEIR SUBSIDIARIES, AFFILIATES, ASSIGNS, AGENCIES AND LICENSEES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, FROM ANY AND ALL DEMANDS, LOSSES, DAMAGES, LIABILITIES, CLAIMS, AND CAUSES OF ACTION WHATSOEVER WHICH YOU OR YOUR EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY NOW OR HEREAFTER MAY HAVE AS A RESULT OF ANY ACT, MATTER OR THING WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY USE OR EXPLOITATION OF THE CONTENT.

Users of the Web Site may not contribute, post or transmit unlawful, defamatory, or threatening content, which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever and at any time, in our sole discretion.

Disclaimer
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE.

THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (III) THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (IV) THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON. WE DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, AND NOTWITHSTANDING WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Limitation of liability
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID FOR ANY PRODUCT PURCHASED THROUGH THE WEBSITE, WHICHEVER IS LESS.

Termination of your use of the Website
If you breach any provision of these Terms of Use, you may no longer use the Website.

We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site, all without any notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, these Terms of Use will continue to apply and be binding upon you in respect of your prior use of the Website and your purchases of product through the Website and anything connected with, relating to or arising from those matters.

Contests
From time to time we may make contests available to users of the Website and others. All contests are governed by these Terms of Use and the applicable contest rules.

If you participate in any contest on the www.annemurray.com website, you consent to the collection, use and distribution of your information by us for the purposes of running the contest, announcing the winner of the contest, to ship prize(s) and to publish the entire submission or excerpts from an entry without any compensation to the entrants.

YOU HEREBY RELEASE WWW.ANNEMURRAY.COM, ANNE MURRAY, MORNA A INC., THE ANNE MURRAY CENTRE, THEIR SUBSIDIARIES, AFFILIATES AND AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, FROM ANY AND ALL RIGHTS, DEMANDS, LOSSES, DAMAGES, LIABILITIES, CLAIMS, AND CAUSES OF ACTION WHATSOEVER WHICH YOU MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING, BUT NOT LIMITED TO, DEATH, INJURY, LOSS OF ENJOYMENT OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY, CONTRIBUTED TO, RELATING TO OR ARISING OUT OF ANY CONTEST OR ANY PRIZE AWARDED TO YOU IN CONNECTION WITH ANY CONTEST.

By participating in a contest through the Website, you signify your agreement and acceptance of these Terms of Use and the applicable contest rules.

Trade-mark and copyright information
Anne Murray is a registered trade-mark owned by Anne Murray. Other product and company names and logos appearing on the Website may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Website is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.

The Website and all information and content (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Website are the property of Morna A Inc. and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. You may only use the Website in the manner described specifically in these Terms of Use.

The Website may not be used for any purpose not expressly permitted by these Terms of Use. The Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without our express prior written consent. You may not use any of the software that is used in the operation of the Website except while you use the Website. You may not reproduce, copy, duplicate, sell, or resell any part of the Website. You may print or download the pages of the Website for your personal use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
All text, images and sound © Morna A Inc. 2001- 2004, all rights reserved.

Language
The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce contrat et tous les documents qui s'y rapportent soient redigés en anglais.

Contact information
If you have any questions regarding these Terms of Use or the Website generally, please contact annemurray.com at info@annemurray.com.

Governing law
These Terms of Use, your use of the Website (including all products purchased through the Website), and all related matters are governed solely by the laws of the Province of Ontario and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to transactions completed pursuant to the Website.

Any dispute with you or any other person arising from, connected with or relating to the Website, these Terms of Use or any related matters must be resolved before the courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and non-exclusive jurisdiction of those courts in respect of any such dispute or matter.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.