My Guitar 247 Terms and Conditions

8/1/2010 ALL ABOUT STRINGS

A Guide for Selecting Strings
Part 1 - Acoustic & Electric
by Randy Vradenburg, Headmaster

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by Randy Vradenburg, Headmaster

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MyGuitar247.com™
TERMS & CONDITIONS OF USE

(Last modified – July 27, 2010)

CAREFULLY READ THESE TERMS BEFORE ACCESSING THIS SITE, ENJOYING MEMBERSHIP SERVICES, OR PURCHASING PRODUCTS FROM THE SITE. ACCESSING THE SITE OR COMPONENTS OF THE SITE (ONLINE GUITAR LESSON MEMBERSHIPS AND PRODUCT PURCHASES FROM THE SITE’S STORE) INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE.

BY USING MYGUITAR247.COM’SSERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO PERIODICALLY REVIEW THE TERMS AND CONDITIONS FOR MODIFICATIONS WHICH MAY BE MADE BY MYGUITAR247.COMAT ANY TIME. YOUR ACCEPTANCE OF ANY MODIFICATION OF THE TERMS AND CONDITIONS IS CONCLUSIVELY INDICATED BY YOUR USE OF THIS SITE AND THE SERVICES PROVIDED.

Contact Information

E-Mail:	support@MyGuitar247.com
Post Mail:	My Guitar 24/7 2855 Exchange Blvd. #114 Southlake, TX 76092
Website:	http://www.myguitar247.com/contact_us.aspx
Toll Free Phone:	1•800•204•7175

Definitions

“Agreement” or “Terms” refers to Terms and Conditions of Use and any subsequent modifications.
“Access” or “Accessing” means using, viewing or accessing the content or otherwise obtaining information on the Site, as well as purchasing goods and services from the Site.
“MyGuitar247.com” refers to My Guitar 24/7, Inc., a Texas corporation.
“User” refers to any party who Accesses the Site or any component of the Site.
“You” or “Your” refers to the User.
“Member” or “Student” (or any combination thereof, such as “Student Member”) means a User who has enrolled in the subscription-based database of audio-visual lessons and materials which are available through the Site and are part of the Site.
“Customer” means a User who purchases digital downloads or tangible/shipped products from the site’s online store.
“Payer” or “Subscriber” means someone who enrolls on behalf of (and makes payment for) a User (Student or Member).
“Lesson” or “Lessons” refers to the interactive multimedia files prepared by the developers and authors of the Site and offered to Users, Members, Students, and Subscribers.
“Website” or “Site” refers to the website maintained on the World Wide Web by MyGuitar247.com, available at http://www. MyGuitar247.com.
“Commercially Reasonable” means reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Modification of Terms

MyGuitar247.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately upon publication to the Site. The User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

Limited Member License

MyGuitar247.com grants each Subscribing Member a limited, non-transferable non-exclusive, non-sublicensable license to Access the content and information available through the Site according to the provisions contained herein, subject to the payment of the applicable subscription fees and adherence to these Terms. Members are authorized to Access the Site and Lessons from any Internet connection.

Provision of information

Payers, Subscribers and Customers agree to provide true, accurate, correct and complete information when subscribing to or purchasing products from MyGuitar247.com. Your personal information will never be shared and will only be used in accordance with our Privacy Policy.

Payments, Fees, Monthly Renewals, and Refund Policies

MyGuitar247.com offers Single-User Subscriptions to online guitar lessons through a monthly payment plan, with the following terms and conditions:

Members/Students are provided access to all Lessons, Handouts, Jam Tracks, and Extras, 24 hours per day, 7 days per week, 12 months per year.
Under the Monthly payment plan, subscriptions are paid in advance, and are renewable monthly.
Subscriptions renew automatically each month until and unless canceled by the Payer/Subscriber:
- Subscriptions automatically renew on the same date of each month subsequent to your initial enrollment (for example on June 15 if You enrolled on May 15), or on final date of the month if no corresponding date exists in a subsequent month (for example, enrollments which are initiated on January 31 will automatically renew on February 29).
- Monthly subscription fees are charged to the Subscriber’s credit card on the renewal date.
Subscription fees are non-refundable.
Subscriptions may be cancelled by the Payer/Subscriber at any time, but must be cancelled through the Member Profile page no less than twenty four (24) hours in advance of the monthly renewal date in order to avoid charges to your credit card for the subsequent month.
Discounts, rebates or other special offers are valid only for the initial term of such offers; subscriptions renew at the then-current full subscription rates.
MyGuitar247.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that MyGuitar247.com provides email notice to the Subscriber at least thirty (30) calendar days prior to the expiration of the subscription and before the initiation of the new fee.
MyGuitar247.com may terminate the subscription and these Terms and Conditions if unable to renew the subscription based on inaccurate or outdated credit card information from the User.

MyGuitar247.com also offers digital download and tangible goods to all Users through its online store, with the following terms and conditions:

Digital Download Products

These products include audio, video, and graphic offerings in a wide-range of formats (including, but not limited to, mp3, wav, aiff, flv, mov, jpg, pdf, etc) which contain textual and musical content that may be transferred to a compatible portable device, saved to a hard drive, and/or burned to a CD/DVD. All recordings, transcriptions, files and packages remain the property of MyGuitar247.com and, when purchased, are licensed to the Customer only for personal and private non-commercial use and not for re-distribution, transfer, assignment or sublicense. All lending, hiring, re-selling or use by third parties is strictly prohibited. All rights not expressly granted here are reserved.

Payment - You may pay for your order using any of the approved debit or credit cards described in our online store. Payment will be processed immediately and delivery of the ordered products shall constitute acceptance by MyGuitar247.com of your order.

Cancellations & Refunds - For all digital downloadable products offered to Customers through MyGuitar247.com’s online store, the Customer may not cancel the purchase once the download process has commenced. Furthermore, MyGuitar247.com does not offer refunds for electronically delivered and immediately usable, digital download products.
You are responsible for ensuring that your laptop, desktop or other portable device can receive and play the purchased Downloads.After delivery of Digital Download Products to the Customer, MyGuitar247.com shall have no liability for lost, damaged, or destroyed digital download products.

Tangible Goods and Shipped Products

These products include all manner of tangible goods shipped to the Customer (including, but not limited to, books, printed music, guitar and music equipment, caps and hats, coffee mugs, packaged CDs and DVDs, etc).
Payment - You may pay for your order using any of the approved debit or credit cards described in our online store. Payment will be processed immediately and the Customer’s order and shipment confirmations will be communicated by email.
Cancellations & Refunds - Customers may cancel the purchase within 24 hours of the payment processing, without penalty. MyGuitar247.com offers a full, complete and unconditional refund for all tangible products up to thirty (30) days of the date of purchase, provided that the Customer returns the product(s) to MyGuitar247.com. Refunds will be processed immediately upon receipt of returned goods.
MyGuitar247.com shall have no liability for shipping operations which cause purchased tangible products to be lost, damaged, or destroyed. MyGuitar247.com does not accept liability for products that are lost, damaged or stolen in transit, provided that we correctly dispatch such products to the address that you provide when you place an order.

Discounts, Gifts, Packages and Special Offers

From time to time, MyGuitar247.com may provide various incentive programs, promotional gifts, discounted subscription packages and other special offers for its Subscription and Products services. There will be no refunds and no exchange or surrender for cash value offered for such promotions.

Access to the Site and Lessons; Modification of Content

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service capabilities necessary for the use of the Site and Lessons.

MyGuitar247.com will make all reasonable efforts to provide uninterrupted, continuous online access to its Members, Subscribers, and Customers. However, it may be the case that Users are unable to Access the Site due to conditions beyond MyGuitar247.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software and server issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability to its Subscribers, MyGuitar247.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time.

MyGuitar247.com strives to provide high quality content and continual access to its Subscribers and Customers. To that end, MyGuitar247.com reserves the right, at its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms and Conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

Prohibited Conduct

Users expressly agree to refrain from engaging in any of the following items of Prohibited Conduct:

Permit or provide any other person(s) Access to Lessons using Your Login and password or otherwise, or the name and password of another authorized Member.
Misrepresent Your identity or personal information when Accessing the Site.
Transmit, install, upload or otherwise transfer viruses, advertisements, communications, or other items or processes to the Site that in any way affect the use, enjoyment or service of the Site, or adversely affects MyGuitar247.com’s computers, servers or databases.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
Violate or attempt to violate MyGuitar247.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
Engage in any other conduct which violates the Copyright Act or other laws of the United States.
Violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or MyGuitar247.com.
Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
Forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by MyGuitar247.com.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on the Site.
Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, MyGuitar247.com reserves the right to monitor all use of the Site and reserves the right to revoke or deny Access to the Site or its Lessons to any person or entity whose use indicates or suggests Prohibited Conduct. Access of the materials available on the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by MyGuitar247.com.

LIMITED WARRANTIES

MyGuitar247.com warrants that the software that allows users to access the site and lessons, if operated as directed, will substantially achieve the functionality described on the site. MyGuitar247.com provides no warranty that users’ hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site.

Although MyGuitar247.com has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

DISCLAIMERS AND LIMITATION OF LIABILITY

Users access this site at their own risk. The site is provided on an “as is and available” basis without warranty of any kind (beyond the warranties set forth above) expressed, implied, statutory, or otherwise. Any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed.

MyGuitar247.com does not warrant any particular result from use of the Site, does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the Site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory shall MyGuitar247.com or any of its affiliates, agents, employees, shareholders, directors, officers, third party content and/or service providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk. The User is solely responsible for any damage to computer systems or for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.

In no event will MyGuitar247.com be liable for any damages in excess of the amount received from the Subscriber for a Subscription to Access the Lessons, or from a Customer to purchase products, even if MyGuitar247.com is informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of MyGuitar247.com, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. MyGuitar247.com is not liable for criminal or negligent actions or omissions of third parties that affect this site.

No agent or employee of MyGuitar247.com is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers. MyGuitar247.com disclaims all warranties, and shall have no liability for damages in excess of the amount received from the Subscriber, arising from or related to any support services for your use of the site. However, the laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

Third Party Content and Hyperlinks

MyGuitar247.com’s Site may contain links and references to other third party websites and materials. MyGuitar247.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. MyGuitar247.com maintains the right but not the obligation to monitor third party websites and hyperlinks to the Site.

You acknowledge that MyGuitar247.com does not pre-screen third party materials, is not the publisher or author of any information on the Site that is provided by third party content providers, and is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and MyGuitar247.com’s use of the content constitutes neither an endorsement nor a recommendation by MyGuitar247.com of the content. MyGuitar247.com assumes no responsibility for third party products or services, and does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered.

MyGuitar247.com may, at any time and at its sole discretion, disable any hyperlink to the Site. MyGuitar247.com makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, MyGuitar247.com does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

Intellectual Property, Copyrights, Trademarks and Other Proprietary Rights

MyGuitar247.com or its third party content providers shall retain all worldwide rights to the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color designs, layout, and all other graphical elements, and the copyrights in and to its original content. The User should assume that everything read or seen on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by MyGuitar247.com. Except as expressly stated on the Site or in these Terms, nothing read or seen on the Site, the online store, or in the Lesson interface may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of MyGuitar247.com, except as provided in these Terms. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to MyGuitar247.com, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

Indemnification

The User agrees to defend, indemnify and otherwise hold harmless MyGuitar247.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or the User’s breach of these Terms and Conditions.

Security and Authorized Use

Users are required to enter a user name and password to access online Lessons on the Site. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password. MyGuitar247.com will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by MyGuitar247.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password. You may not use the account, user name or password of someone else at any time. You agree to notify MyGuitar247.com immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify MyGuitar247.com immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content.

MyGuitar247.com will never ask you for your password. If you need a new user name and/or password, lynda.com will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if you are entering into these Terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms.

Users are prohibited from violating or attempting to violate the security of the Site. MyGuitar247.com will cooperate with all applicable law enforcement authorities in prosecuting violators, has the right but not the obligation to investigate occurrences of possible violations, and may suspend access while it conducts an investigation.

Termination of Agreement

In addition to MyGuitar247.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion, and may also terminate Access to online guitar Lessons or cancel subscriptions to the online guitar lessons, without notice, if it believes, in its sole judgment, that the User, Member or Subscriber has breached or may breach any term or condition of this Agreement, or engaged in conduct that MyGuitar247.com deems inappropriate. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

Privacy Policy

MyGuitar247.com is honored by its Members’ and Customers’ investment of trust in its services and requires all of its employees, providers and contractors to adhere to the highest ethical standards in gathering, working, with, using, and safeguarding any information provided by Users. For more information about our commitment to your privacy, please review MyGuitar247.com’s Privacy Policy, the terms of which are incorporated into this Agreement in full.

Miscellaneous

This statement of Terms and Conditions constitutes the complete Agreement between MyGuitar247.com and Users regarding the subject matter addressed. Any previous agreement dealing with the subject matter stated here, whether oral or written, between MyGuitar247.com and any User is superseded.

These Terms and Conditions may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon a User’s breach or threatened breach of these Terms, MyGuitar247.com may pursue any legal or equitable remedy available. Furthermore, such remedies are cumulative and not exclusive.

Failure of MyGuitar247.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. The User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred. By Accessing the Site, the User signs for and accepts this shortening of the statutes of limitations.

MyGuitar247.com makes no representation that the content of the Site is appropriate or available for use in all geographic locations. MyGuitar247.com operates this Site from the United States of America and makes no representation that the Site complies with any foreign or international laws or standards of use. You agree to comply with all applicable local laws, including any international laws, in using this Site.

You may not assign your rights or delegate your duties under these Terms and Conditions.

MyGuitar247.com cannot provide notifications via post, and uses e-mail only for all written communications to Users.

Governing Law and Process

These Terms and Conditions and any claim or action related to or arising from these Terms or content on the Site shall be governed by Texas law, without regard to any provision that would make the laws of another jurisdiction applicable. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

EFFECTIVE DATE: July 27, 2010