Terms of Use

Effective: October 20, 2026

Overview

These Terms of Use (“Terms”) govern your use of the websites owned or operated by Whitey Morgan Music, including whiteymorgan.com and our official merch store at whiteymorgan.myshopify.com (together, the “Site”). In these Terms, “Whitey Morgan Music,” “we,” “us,” and “our” mean Whitey Morgan Music, and “you” means you, the person using the Site.

We offer the Site, including the information, tools, music, and physical or digital products on it (the “Service”), on the condition that you accept these Terms.

BY VISITING, BROWSING, OR OTHERWISE USING THE SITE, INCLUDING BY BUYING SOMETHING FROM US OR SIGNING UP FOR OUR LISTS, YOU AGREE TO THESE TERMS AND TO THE ADDITIONAL TERMS AND POLICIES THEY REFER TO OR LINK TO. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

These Terms are a binding contract between you and us and apply to everyone who uses the Site. By accepting them, you confirm that you are old enough to enter into a binding contract where you live or, if you are not, that a parent or guardian has agreed to these Terms for you. You may not use the Site if you are under 13 years old.

New features, products, or services added to the Site are also covered by these Terms. We may update, change, or replace any part of these Terms by posting the new version on this page. Please check back from time to time; if you keep using the Site after we post changes, you accept them.

Our merch store runs on Shopify, which provides the online platform that lets us sell products to you.

Section 1 – General site terms

You may not use the Site or our products for any illegal or unauthorized purpose, or break any law where you live (including copyright laws) while using the Site. You must not send any viruses, worms, or other harmful code. If you break any of these Terms, we may end your access to the Site right away.

Section 2 – Ownership and permitted use of site content

We may limit who can use the Site, or where it is available, at any time.

We own the Site and what’s on it. Between you and us, Whitey Morgan Music owns all rights in the Site and everything on it, including the music and other audio, photographs, images, artwork, video, lyrics, text, graphics, logos, software, code, and data; the Site’s look, feel, design, and organization; and the way all of this is selected and arranged. That includes the copyrights, trademarks, database rights, and other intellectual property rights in them. Some content belongs to our licensors or other rights holders, who keep their rights. Using the Site doesn’t give you ownership of anything on it.

Personal use only. You may view the Site’s content on your computer, phone, or other device, and make a single copy or print of it for your own personal, non-commercial use.

No commercial use without permission. You may not copy, reproduce, publish, distribute, sell, or otherwise use the Site or any of its content, code, or data for any commercial purpose unless you first get our express written permission (or the permission of the rights holder). If you buy something from us that comes with limited rights to use certain content (for example, a print, photo, or digital download), your rights are limited to what we expressly grant for that item. Any other use may violate these Terms and copyright and other laws, and we will enforce our rights to the full extent of the law.

Trademarks. The names, logos, and other trademarks shown on the Site, including “Whitey Morgan” and “Whitey Morgan and the 78’s” and their logos, belong to Whitey Morgan Music or its licensors. You may not use them on or in connection with any product or service that isn’t ours, in any way that is likely to confuse people, or in any way that disparages us. Trademarks on the Site that we don’t own belong to their owners. Nothing on the Site gives you any license or right to use any trademark shown on it without written permission from us or the trademark’s owner.

Data sent over networks. Information you send to the Site (not including card details) may travel over various networks unencrypted and may be changed to work with those networks or devices. Card details are always encrypted when sent over networks.

Headings in these Terms are for convenience only and don’t change their meaning.

Section 3 – Accuracy of information

We aren’t responsible if information on the Site isn’t accurate, complete, or current. Material on the Site is for general information only and shouldn’t be the only thing you rely on in making decisions. Some information on the Site may be historical and not current. We may change the Site’s content at any time, but we don’t have to update it. It’s your responsibility to keep an eye on changes.

Section 4 – Changes to the Service and prices

Prices for our products may change without notice. We may change or discontinue the Service (or any part of it) at any time without notice. We won’t be liable to you or anyone else for any change, price change, suspension, or discontinuance of the Service.

Section 5 – Products

Some products may be available only online and may be limited in quantity. Returns and exchanges are covered by our Refund Policy (https://whiteymorgan.myshopify.com/policies/refund-policy), and shipping is covered by our Shipping Policy (https://whiteymorgan.myshopify.com/policies/shipping-policy). We try to show product colors and images as accurately as we can, but we can’t guarantee how they’ll look on your screen. We may limit sales of any product to any person, area, or jurisdiction, limit quantities, and change product descriptions or pricing, or discontinue any product, at any time. Any offer made on the Site is void where prohibited. We don’t promise that products or information you buy or get through the Site will meet your expectations, or that errors in the Service will be corrected.

Section 6 – Orders, billing, and account information

We may refuse or cancel any order, and may limit or cancel quantities per person, household, or order, including orders placed from the same account, payment card, or billing or shipping address. If we change or cancel an order, we may try to contact you using the email address, billing address, or phone number you gave us. We may limit or block orders that appear to be placed by dealers, resellers, or distributors. You agree to give current, complete, and accurate purchase and account information, and to keep it up to date, so we can complete your order and contact you as needed.

Section 7 – Third-party tools and links

The Site may give you access to tools, content, products, or services from other companies (such as Shopify, Laylo, Bandsintown, Feature.fm, Spotify, and Instagram) that we don’t monitor or control. We provide access to them “as is,” without any warranties or endorsement, and you use them at your own risk and under their own terms. Links to other websites are provided for convenience only. We aren’t responsible for third-party websites, materials, products, or services, or for any harm from purchases or other dealings with them. Please direct questions or complaints about third-party products or services to that third party.

Section 8 – Comments, feedback, and other submissions

If you send us ideas, suggestions, or other materials (by mail, online, or otherwise), you agree that we may use, edit, copy, publish, and distribute them in any medium without restriction, and that we don’t have to keep them confidential, pay you for them, or respond. We may, but don’t have to, remove content we decide is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates anyone’s intellectual property or these Terms. You agree that your submissions won’t violate anyone’s rights, won’t contain unlawful or abusive material or malware, and won’t mislead anyone about who you are. You are solely responsible for your submissions.

Section 9 – Personal information

How we handle personal information you give us through the Site is described in our Privacy Policy, posted on whiteymorgan.com.

Section 10 – Errors and omissions

Sometimes the Site may contain typos, errors, or omissions about product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability. We may correct any errors, change or update information, or cancel orders if any information is inaccurate, at any time without notice (including after you’ve placed your order). We don’t have to update or clarify information on the Site except as required by law.

Section 11 – Prohibited uses

In addition to the other limits in these Terms, you may not use the Site or its content: (a) for any unlawful purpose; (b) to get others to do or take part in unlawful acts; (c) to break any international, federal, state, or local law or regulation; (d) to infringe our or anyone else’s intellectual property rights; (e) to harass, abuse, threaten, defame, or discriminate against anyone; (f) to submit false or misleading information; (g) to upload or send viruses or other malicious code; (h) to collect or track other people’s personal information; (i) to spam, phish, or scrape, crawl, or spider the Site; (j) for any obscene or immoral purpose; or (k) to interfere with or get around the security features of the Site or any related website. We may end your use of the Site for breaking any of these rules.

Section 12 – Disclaimer of warranties; limitation of liability

We don’t promise that the Site will be uninterrupted, timely, secure, or error-free, or that results from using it will be accurate or reliable. We may remove or cancel the Service at any time without notice. You use the Site at your own risk.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE SITE, THE SERVICE, AND ALL PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WHITEY MORGAN MUSIC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL; (B) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (C) ANY AMOUNT, IN TOTAL, MORE THAN THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM; OR (D) ANYTHING BEYOND OUR REASONABLE CONTROL. SOME STATES DON’T ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Section 13 – Indemnification

You agree to defend, indemnify, and hold harmless Whitey Morgan Music and its members, managers, employees, agents, contractors, licensors, and service providers from any third-party claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or the documents they refer to, or your violation of any law or anyone else’s rights.

Section 14 – Severability

If any part of these Terms is found unlawful, void, or unenforceable, that part will still be enforced to the fullest extent the law allows, the rest will be treated as removed, and the remaining Terms will stay in effect.

Section 15 – Termination

These Terms stay in effect until you or we end them. You can end them at any time by stopping use of the Site. If we decide, in our sole judgment, that you have failed (or we suspect you have failed) to follow these Terms, we may end them at any time without notice and deny you access to the Site. Obligations and liabilities that arose before termination survive it.

Section 16 – Entire agreement

If we don’t enforce any right or provision of these Terms, that doesn’t waive it. These Terms, together with any policies or rules we post on the Site, are the entire agreement between you and us about the Site and replace any earlier agreements or versions of these Terms. Any unclear wording in these Terms won’t be interpreted against the party that wrote it.

Section 17 – Governing law; dispute resolution

You and Whitey Morgan Music agree to resolve all disputes between us by arbitration, except disputes about enforcing Whitey Morgan Music’s intellectual property rights. These Terms are governed only by the laws of the State of Montana, without regard to its conflict-of-laws rules that would require applying another place’s laws. Any dispute between you and Whitey Morgan Music relating to the Site must be resolved only by binding arbitration administered by JAMS, or in small claims court in Montana or in your county of residence if your claim qualifies.

Notice of dispute. If there is a dispute, the party raising it must first send the other party a written notice of dispute that gives the sender’s name, address, and contact information, the facts of the dispute, and the relief requested. You can send us your notice by certified mail to: Whitey Morgan Music, PO Box 6009, Bozeman, MT 59771. We will send any notice of dispute to you at the contact information we have for you.

Informal resolution first. After a notice of dispute is sent, you and we agree to try to resolve the dispute through informal negotiation for 60 days. If it isn’t resolved in that time, either of us may start arbitration.

Arbitration. The dispute will be heard by a single neutral arbitrator, whose decision will be final, except for the limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. The arbitration will follow the JAMS Comprehensive Arbitration Rules and Procedures (including its Expedited Procedures) or the JAMS Streamlined Arbitration Rules and Procedures, at the choice of the party starting the arbitration. Information about these rules is available at www.jamsadr.com. For claims where the total amount of money requested is less than $25,000: (a) the arbitration will be held, at the choice of the party asking for relief, by phone, online, or on written submissions only; (b) no one will have to appear in person unless both parties agree; and (c) a judgment on the arbitrator’s award may be entered in any court with jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Individual claims only. TO THE FULLEST EXTENT ALLOWED BY LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS MAY BE JOINED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING ONE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION IS ALLOWED. CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. Any claim you have relating to the Site must be brought within one (1) year after it arose.

Courts. If a court with jurisdiction finds this arbitration section invalid or not applicable, you agree to the exclusive jurisdiction of the state and federal courts located in the State of Montana, and you agree to submit to the personal jurisdiction of those courts for any such claim.

Section 18 – Text-message program terms

Whitey Morgan Music offers a text-message alert program (the “Text Program”). We run it through our service provider, Laylo. These Text Program terms are part of these Terms. By signing up for the Text Program, you agree to them.

Signing up. Our website lets you choose to get our news by email or by text message. To join the Text Program, enter your mobile number on our Laylo signup page (laylo.com/whiteymorgan) and confirm it. By signing up, you agree to receive recurring automated marketing text messages from Whitey Morgan Music at that number, such as news about tour dates, new music, merch drops, and other offers. You also agree to Laylo’s Terms of Service (https://laylo.com/terms) and Privacy Policy (https://laylo.com/privacy). Consent to receive texts is not a condition of any purchase.

Message frequency and cost. Message frequency varies. Message and data rates may apply, according to your mobile plan. We may send texts using automated technology.

Opting out. You can cancel at any time by replying STOP to any text from us. We will also honor other reasonable opt-out requests, such as replying END, CANCEL, UNSUBSCRIBE, or QUIT. After you opt out, you may get one final text confirming it, and then we will stop texting you unless you sign up again.

Help. For help, reply HELP to any text from us or email merch@truegritmanagement.com.

Eligibility. You must be 18 or older to join the Text Program. You must also be the account holder for the mobile number you sign up with, or have the account holder’s permission. You need a mobile device that can send and receive text messages, with a participating wireless carrier.

Carriers and delivery. Wireless carriers are not liable for delayed or undelivered messages. The Text Program may not be available in all areas or on all carriers or devices, and delivery depends on your carrier’s network. We are not responsible for delays or failures in delivering messages. If your device doesn’t support picture (MMS) messages, you may receive standard text (SMS) messages instead.

Your phone number and privacy. We never sell, rent, or share your mobile number with any third party or affiliate for their own marketing or promotional purposes. Your text-message opt-in consent itself is never sold or shared with any third party. We share your number only with service providers that run the Text Program for us, such as Laylo. We also share it with Meta in hashed (scrambled) form, used only to match accounts so we can show our own ads. Our Privacy Policy describes this in more detail.

Changes. We may change or end the Text Program, or these Text Program terms, at any time. Section 17 (Governing law; dispute resolution) applies to any dispute about the Text Program.

Section 19 – Contact information

Questions about these Terms should be sent to merch@truegritmanagement.com or by mail to: Whitey Morgan Music, PO Box 6009, Bozeman, MT 59771.