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Subject to the terms and conditions of this Agreement, we hereby grant You a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on Your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to You.
Except as permitted in the paragraph above, You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at Our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to Tone Shope’s interests.
The Website and the products and services featured on the Website are intended for adults only. No user under the age of 16 may access or use the Website.
This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use this Website outside the United States, You are responsible for complying with Your local laws and regulations.
TONE SHOP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING. Any testimonials or endorsements by our customers or audience represented on our Website, landing pages, sales pages or offerings have not been scientifically evaluated.
Tone Shop assumes no responsibility for errors or omissions that may appear in any Website products or services. Product representations expressed on this Website are that of the vendor and are not made by us.
Furthermore, Tone Shop does not represent and warrant that the Website or access thereto uninterrupted, available at any time or from any location, secure, error free, or free from dangerous files and/ or content. USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
Payment is due in full at the time of purchase. Tone Shop retains the right to refuse access to the purchased products and services if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the Website will be temporarily restricted until the account is in current financial standing. Questions regarding account standing should be directed to firstname.lastname@example.org.
Tone Shop collects sales tax on orders made on the Website when required by law.
The User agrees to pay interest on all past-due sums at a rate of 10% (ten percent) per annum or the highest rate allowed by law, whichever is greater.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, we shall immediately issue a credit to Your credit card account in the amount of the charge.
The risk of loss and title for items purchased by You pass to You upon our delivery of the items to the carrier.
Users who have made a purchase on our Website (“Purchasers”) have 72 hour window to initiate return from the date of delivery to return eligible merchandise. If not satisfied, contact us within the 72 hour approval period. To qualify for a refund, all returned items must be in the original condition, complete, unregistered, with original packaging and all accessories and documentation. Returned items are to be shipped and fully insured and show no signs of wear, use, or damage. Purchasers must provide proof of receipt in order to return eligible merchandise. No merchandise marked as “FINAL SALE” or “NO RETURNS” may be refunded or returned.
Purchasers are responsible for the cost of return shipping for any items purchased on the Website.
Once We have received the returned merchandise, we will inspect it and notify You of receipt. We will immediately notify You on the status of Your refund after inspecting the item.
If the return is approved, We will initiate a refund to Your original method of payment.
The time in which You will receive the credit to Your method of payment will depend on Your card issuer's policies.
By using any other interactive area of the Tone Shop Website and placing any information in any of those areas, the User grants to Tone Shop a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
You shall not upload to, distribute, or otherwise publish through this Website any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes.
User accepts any and all risks, foreseeable or unforeseeable, resulting from its Use of the Website. User shall indemnify and hold harmless Tone Shop, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my use of the Website, excluding any such expenses and liabilities which may result from willful misconduct by Tone Shop, or any of its directors or employees.
User shall indemnify, defend, and hold harmless Tone Shop and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – arising out of or resulting from his or her use of the Website or the action of purchasing the products located thereon.
The User shall indemnify, defend, and hold Tone Shop harmless for damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Tone Shop’s products and services – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from User’s misuse of the Website or the products and services offered there.
Our Website may contain links to third-party web sites or services that are not owned or controlled by Tone Shop.
Tone Shop has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Tone Shop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
User agrees that in the following circumstances, Tone Shop may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s access to the Website:
Upon termination for any of the above reasons, the User’s access to the Website will be restricted and/ or terminated completely.
The marks “TONE SHOP,” “TONE SHOP GUITARS,” and any other other logos, slogans, trade names or words belong solely to Tone Shop Guitars, Inc. The use of any of our trademarks or service marks without our express written consent is strictly prohibited.
You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Addison, Texas for binding mediation. All claims against Tone Shop must be lodged within ninety (90) days of the date of the alleged breach or damage, whichever comes first. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to the jurisdiction named herein for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email.
This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. User may not assign this Agreement. Tone Shop may modify terms of this agreement at any time, and will update this webpage with a “last updated” date. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, further performance hereunder may be excused without liability.
Tone Shop values others’ intellectual property and thoroughly investigates all curated images to ensure they are properly licensed, attributed, or in the public domain. If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that You claim has been infringed;
(3) A description of where the material that You claim is infringing is located on the Website;
(4) Your address, telephone number, and e-mail address;
(5) 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; and
(6) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Grant Sheffield who can be reached as follows:
15317 Midway Rd. Addison, TX 75001
In the event You need to contact us, please use the following:
TONE SHOP GUITARS, INC.
15317 Midway Rd.
Addison, TX 75001