PRIVACY POLICY

Protecting your private information is our priority. This Statement of Privacy applies to Wilmarckmusic.com and Pex Life Records LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Pex Life Records LLC include Wilmarckmusic.com. The Pex Life Records LLC website is an e-commerce site. By using the Pex Life Records LLC website, you consent to the data practices described in this statement.


Collection of your Personal Information

In order to better provide you with products and services offered on our Site, Pex Life Records LLC may collect personally identifiable information, such as your:






-First and Last Name





-Mailing Address





-E-mail Address





-Phone Number


If you purchase Pex Life Records LLC's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.


We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.


Use of your Personal Information

Pex Life Records LLC collects and uses your personal information to operate its website(s) and deliver the services you have requested.


Pex Life Records LLC may also use your personally identifiable information to inform you of other products or services available from Pex Life Records LLC and its affiliates.


Sharing Information with Third Parties

Pex Life Records LLC does not sell, rent, or lease its customer lists to third parties.


Pex Life Records LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Pex Life Records LLC, and they are required to maintain the confidentiality of your information.


Pex Life Records LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Pex Life Records LLC or the site; (b) protect and defend the rights or property of Pex Life Records LLC; and/or (c) act under exigent circumstances to protect the personal safety of users of Pex Life Records LLC, or the public.


Tracking User Behavior

Pex Life Records LLC may keep track of the websites and pages our users visit within Pex Life Records LLC, in order to determine what Pex Life Records LLC services are the most popular. This data is used to deliver customized content and advertising within Pex Life Records LLC to customers whose behavior indicates that they are interested in a particular subject area.


Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Pex Life Records LLC. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the Pex Life Records LLC website.


Use of Cookies

The Pex Life Records LLC website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.


One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Pex Life Records LLC pages, or register with Pex Life Records LLC site or services, a cookie helps Pex Life Records LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Pex Life Records LLC website, the information you previously provided can be retrieved, so you can easily use the Pex Life Records LLC features that you customized.


You have the ability 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. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Pex Life Records LLC services or websites you visit.


Security of your Personal Information

Pex Life Records LLC secures your personal information from unauthorized access, use, or disclosure. Pex Life Records LLC uses the following methods for this purpose:






-SSL Protocol


When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.


We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.


Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:



•Delete your personal information from our records; and



•Direct any service providers to delete your personal information from their records.


Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:



•Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;



•Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;



•Debug to identify and repair errors that impair existing intended functionality;



•Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;



•Comply with the California Electronic Communications Privacy Act;



•Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;



•Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;



•Comply with an existing legal obligation; or



•Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.


Children Under Thirteen

Pex Life Records LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.


E-mail Communications

From time to time, Pex Life Records LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Pex Life Records LLC or click on a link therein.


If you would like to stop receiving marketing or promotional communications via email from Pex Life Records LLC, you may opt-out of such communications by Customers may unsubscribe from emails by clicking the unsubscribe link located at the bottom of each email sent or contact me via email at wilmarck@wilmarckmusic.com.


Changes to this Statement

Pex Life Records LLC reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.


Contact Information

Pex Life Records LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Pex Life Records LLC has not adhered to this Statement, please contact Pex Life Records LLC at:


Pex Life Records LLC

1653 Lititz Pike,

Lancaster PA 17601


Email Address:

wilmarck@wilmarckmusic.com


Telephone number:

7176068071


Effective as of January 07, 2021


<h1><span class="name">Wilmarck </span>&nbsp;Messaging Terms &amp; Conditions</h1>

<p>Effective Date: <time datetime="2021-02-21">February 21, 2021</time></p>

<p>This SMS message program is a service of <span class="name">Wilmarck </span>. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from <span class="name">Wilmarck </span>. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give <span class="name">Wilmarck </span> permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms &amp; Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. <strong>Message &amp; data rates may apply.</strong></p>

<p>Message frequency may vary. <span class="name">Wilmarck </span> reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. <span class="name">Wilmarck </span> also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.</p>

<p>Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. <span class="name">Wilmarck </span>, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.</p>

<p>By enrolling in the <span class="name">Wilmarck </span> messaging program, you also agree to these messaging terms &amp; conditions (“<strong>Messaging Terms</strong>”), our <span class="name">Wilmarck </span> Terms of Use and <span class="name">Wilmarck </span> Privacy Policy.

</p><h2>Cancellation</h2>

<p>Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that <span class="name">

Wilmarck

</span> and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from <span class="name">Wilmarck </span> through any other programs you have joined until you separately unsubscribe from those programs.</p>

<h2>Help or Support</h2>

<p>Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.</p>

<h2><u>No Warranty</u></h2>

<p>TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.</p>

<h2>Limitation of Liability</h2>

<p>TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF <span class="name">Wilmarck </span> OR ANY PARTY ACTING ON BEHALF OF <span class="name">Wilmarck </span> BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO <span class="name">Wilmarck </span> HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF <span class="name">Wilmarck </span> HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE <span class="name">Wilmarck </span> MESSAGING PROGRAM. <span class="name">Wilmarck </span> AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.</p>

<h2>Indemnity</h2>

<p>To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless <span class="name">Wilmarck </span>, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from <span class="name">Wilmarck </span> or its service providers.</p>

<h2>Dispute Resolution</h2>

<ol class="pl-3">

<li class="mb-2"><strong>General.</strong> Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from <span class="name">Wilmarck </span> or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND <span class="name">Wilmarck </span> ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.</li>

<li class="mb-2"><strong>Exceptions.</strong> Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or <span class="name">Wilmarck </span> to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.</li>

<li class="mb-2"><strong>Arbitrator.</strong> Any arbitration between you and <span class="name">Wilmarck </span> will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.</li>

<li class="mb-2"><strong>No Class Actions.</strong> YOU AND <span class="name">Wilmarck </span> AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and <span class="name">Wilmarck </span> agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and <span class="name">Wilmarck </span> are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.</li>

<li class="mb-2">No Class Actions. YOU AND <strong><span class="name">Wilmarck </span></strong> AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and <strong><span class="name">Wilmarck </span></strong> agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.</li>

<li class="mb-2"><strong>Modifications to this Arbitration Provision.</strong> Notwithstanding anything to the contrary in these Messaging Terms, if <span class="name">Wilmarck </span> makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to <span class="name">Wilmarck </span>’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and <span class="name">Wilmarck </span>.</li>

<li class="mb-2"><strong>Enforceability.</strong> If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.</li>

</ol>

<h2>Changes to the Messaging Terms</h2>

<p>We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from <span class="name">Wilmarck </span> after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.</p>

<h2><u>Entire Agreement/Severability</u></h2>

<p>These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and <span class="name">Wilmarck </span> concerning the Messaging Program.</p>

<h2>Contact</h2>

<p>Please contact us with any inquiries or concerns at wilmarck@wilmarckmusic.com or write to us at: <span class="address">1653 Lititz Pike, Lancaster PA 17601</span>.</p>