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TERMS and CONDITIONS of use for this website (Site) http://www.guitargeargarage.com
July 14, 2021
Please read these Terms carefully before using this Site.
This website (Site) is owned and controlled by Guitar Gear Garage (GGG). By accessing this Site you are bound by the Terms contained on this page including the Terms, conditions, policies and notices (Terms) contained on this page including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of California Law.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. GGG may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that GGG will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
1. GGG Content
Content on this Site that is provided by GGG or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("GGG Content") is the property of GGG and its licensors, and is protected under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any GGG Content located on the Site for use (a) in any publications, (b) in public performances, (c) on websites other than this Site for any other commercial purpose, (d) in connection with products or services that are not those of GGG, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits GGG and/or its licensors or their respective products, that dilutes the strength of GGG's or its licensor's intellectual property, or that otherwise infringes GGG's or its licensors' intellectual property rights. You further agree to in no other way misuse any GGG Content or third party content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to Guitar Gear Garage at [email protected], or to DMCA Notice, Guitar Gear Guitar Gear Garage, P.O. Box 1669, Magalia, Ca 95954. Please include the following, as required by the DMCA:
When we receive an infringement notice with all the required information and are able to locate the allegedly infringing material, we will remove or disable access to any said infringed upon material. GGG also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under to DMCA:
2. Use of the Site and Posting Policy
The following requirements apply to your use of the Site, including any submission of photos, written posts, or other materials provided by you (“User Content”): (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, invasive of the privacy of another person, abusive, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by GGG; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect, store, or post any content that (i) contains personal information about other users or any individual, (ii) violates the privacy/publicity of any other individual or entity, or (ii) anything that you are under a contractual obligation to keep private or confidential; (d) you will not use the Site for any commercial purpose not expressly approved by GGG in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not impersonate any person or organization, including without limitation, the personnel of GGG, or misrepresent an affiliation with another person or organization; and (g) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site, any computer software or hardware, or telecommunications equipment.
You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. GGG may cancel your account and delete all User Content associated with your account at any time, and without notice, if GGG deems that you have violated these Terms, the law, or for any other reason. GGG assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to GGG a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, edit and revise any User Content (without notice). You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You further represent that all information provided by you through this Site is true and accurate. GGG reserves the right to remove any User Content you provide, in its sole discretion, without any notice to you.
You agree to indemnify and hold GGG and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to GGG or this Site.
3. Terms of Sale
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to GGG the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
All descriptions, images, references, features, content, specifications, products and prices of products described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Site does not imply or warrant that these products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
GGG reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transaction(s).
You understand and agree that you are charged at the time you place your order for products, and the sale is final and complete at the time you are charged. Once an order is placed, changes cannot be made.
B. Availability, Errors & Inaccuracies:
If an item is out of stock, GGG, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if GGG, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value. Of course GGG will best attempt to contact you to notify of any availability, errors & inaccuracies and if appropriate GGG will attempt remedy and such issue to your satisfaction.
GGG’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. GGG aims to describe and display its products accurately on the Site. However, some items on the Site may be priced in error, described inaccurately or unavailable, and GGG may experience delays in updating information on the Site and in our advertising on other sites. As a result, GGG cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. GGG reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. As part of our shipping procedures, GGG verifies the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, GGG will charge the lower amount and ship you the item. If an item’s correct price is higher than that of our stated price, if the item is no longer available, or if GGG determines that there were inaccuracies in our product information, GGG will cancel your order and notify you of such cancellation via email (or GGG by your request may attempt notification at your other desired contact).
C. Shipment of Merchandise:
In most cases, you agree to allow at least six to eight weeks from receipt of order for shipment of merchandise via postal mail, unless otherwise stated on the Site. Each merchandise item ordered may be shipped together or items ordered may be partially shipped with other items and/or all items ship separately. All merchandise will ship to the postal address that you specify on the order form page. Merchandise will be shipped to addresses within the United States, Canada, but for shipping to any other country will be handled case by case at your request. No responsibility is assumed by GGG for any postal mail or overnight deliveries returned as undeliverable without a forwarding address. To addresses within the United States and Canada no responsibility is assumed by GGG for merchandise after it has been delivered to the carrier.
D. Merchandise Availability:
All merchandise available on the Site is subject to change without notice and is available while supplies last. You hereby expressly accept and agree that GGG, at its sole discretion, reserves the right (without obligation) to *substitute merchandise with greater or equal value of the identical brand and product in the event supplies of any one item run out at no extra cost to you. Merchandise may be available only in limited quantities and will be distributed on a first-come, first-served basis. Participants should regularly consult the Site for updates regarding merchandise availability. The determination of whether a participant has to pay any tax in connection with the merchandise and the payment of that tax, if any, are participant’s sole responsibility.
E. Shipping and Returns:
If you are not fully satisfied with your purchase of items sold by GGG, you may return it in accordance with GGG’s Shipping and returns policy set forth on the "Shipping and returns" page of the Site. The Shipping and returns policy is incorporated into the these Terms in its entirety.
If any problems arise with your Account, shipping address, or payment method connected with your Account that GGG is unable to resolve, GGG will notify you through the email address (or by your request GGG may attempt contact you desire) associated with your item order subscription and said subscription order may be canceled. Additional orders may not be shipped until the problem has been resolved.
F. Risk of Loss:
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
G. Notice for California Residents:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to GGGMarket1.com.or by your request GGG may attempt your desired contact. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
5. Representations, and Limitations of Liability
GGG makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Site will be at your own risk. GGG makes no representations regarding the amount of time that any Content or User Content will be preserved. GGG makes no representation or warranties (i) that any material, images, applications or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or (ii) concerning inaccuracies, typographical errors or other defects on the Site or applications or material available on or through Site. You agree to use this Site, applications and functions at your own risk.
GGG does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by GGG without the prior review and written approval of GGG.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GGG, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL GGG BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GGG'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO "ACTS OF GOD", COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES.
UNDER NO CIRCUMSTANCES WILL GGG OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF GGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF SUCH A JURISDICTION TO THE EXTENT DAMAGES TO SUCH A SAID JURISDICTION RESIDENT ARE THE RESULT OF GGG'S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
These Terms do not limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 except where the GGG is legally obligated to do so. Nothing in these Terms shall exclude or limit any liability of GGG to you for death or personal injury arising out of negligence, fraudulent misrepresentation or fraudulent concealment or any other matter which cannot be limited or excluded by law.
6. Third Party Websites
7. Binding Arbitration
You and GGG agree that, except for either party's claims of infringement or misappropriation of any other party's patent, copyright, trademark, or trade secret, any controversy or claim arising out of or relating to the Site, use of the Site, this Agreement and/or GGG Privacy Statement shall be settled by binding arbitration or at such other location as may be mutually agreed upon by the parties or in a location determined by the arbitrator. If, however, the portion of any arbitration that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor GGG shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL NOT BE IN IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Without in any way limiting the foregoing, you and GGG agree that any individual arbitration commenced by you or by GGG may be consolidated with any other individual arbitration(s) pending provided that either party makes such request.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
The dispute requirements in this Section do not apply to residents of particular applicable countries and for those residents of said particular countries, regardless of the requirements in this Section, all issues arising in connection with the use of the Site shall be governed by said particular applicable countries law with jurisdiction in the competent court of the participant's domicile. To the extent that you have a contractual dispute with any said particular applicable country with GGG about online purchases of goods ordered from the Site you may contact GGG directly by sending an email to [email protected] or by your request GGG may attempt per your desire contact method.
Both you and GGG acknowledge and agree that no partnership is formed and neither of you nor GGG has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles. By using the Site, you hereby agree that any and all disputes regarding these Terms and/or the Site not subject to the arbitration provision set forth herein will be subject to the courts located in Butte County, California (provided that the Federal Arbitration Act shall govern the enforceability, interpretation, and effect of terms set forth in the mandatory arbitration provision above). YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
The failure of GGG to comply with these Terms because of an "act of God", epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of GGG, shall not be deemed a breach of these Terms.
If GGG fails to act with respect to your breach or anyone else's breach on any occasion, GGG is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and GGG, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and GGG regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Guitar Gear Garage (GGG) 2021. All rights reserved.