DISCLAIMER AND PRODUCT PURCHASE OR USE AGREEMENT
CAREFULLY READ THE FOLLOWING DISCLAIMER AND PURCHASE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS PURCHASE AGREEMENT BY CLICKING THE CHECKBOX ON THE WEB PAGE INDICATING "I HAVE READ AND AGREE TO THE PURCHASE AGREEMENT TERMS".
YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS A MATERIAL PART OF THE TOTAL CONSIDERATION REQUIRED TO PURCHASE THIS PRODUCT.
IF YOU DO NOT CHOOSE TO ACCEPT THE TERMS OF THIS AGREEMENT, YOUR ORDER WILL BE CANCELED AND YOU WILL NOT BE ABLE TO COMPLETE AN ORDE
And in the spirit of full disclosure (and future FTC regulations) I must state that I, Tim B. Miller, will earn a commission if you buy through my links on this site.
This Purchase Agreement is applicable to any product sold on this website; the definition of 'product' includes but is not limited to:
·any ebook, web-based report or information, bonus, video recording, and audio recording, whether analog or digital;
·any related material including ad copy, promotional material, sales letters that are displayed upon or downloaded from this website or that you received that influenced your decision;
·any product that is delivered via courier or postal service, including CDs, DVDs, printed material, audio tapes, and video tapes.
·any software and related documentation that you purchase or download from this website;
·any freeware, whether a hard product, a printable product, software, and the Agreement incorporates by reference any promotional materials that influenced your decision to purchase this product.
·any licenses, distribution rights, resale rights that are sold along with the product.
When you purchase and download the product, you are deemed to have read, understood and accepted the terms of this Purchase Agreement including the integrated Disclaimer.
The parties to this Agreement are (1) the person or entity purchasing the product and downloading the product through our website (defined herein as "You" or "Your" or "Purchaser") and (2) [insert your website here] and otherwise referred to herein as 'we', 'us' or 'our' or "seller". The term "website" is meant to include the owner(s) of the website whose name appears at the bottom of this Agreement.
1. The author, inventor, creator, promoter, owner and licensor of (1) introductory promotional or educational materials, (2) the products sold via this website, (3) and the accompanying documents and informational materials have used their best efforts in preparing this product.
The author, inventor, creator, promoter, owner and licensor make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this product. The information contained in this product is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this product, you alone must assume full responsibility for your actions and you are cautioned against relying solely on the information, ideas, or projections contained in any one source, including this product, in forming a prudent course of action.
2. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. HOWEVER, THERE IS NO GUARANTEE, EXPRESS OR IMPLIED, THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THE PROMOTIONAL MATERIALS OR THE PRODUCT ITSELF ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES, AS WELL AS THE MARKET CONDITIONS YOU CHOOSE TO OPERATE IN -- ALL OF WHICH IS UNKNOWN TO US OR EVEN TO YOU. WE DO NOT PURPORT THIS TO BE A "GET RICH SCHEME."
3. IF CLAIMS ARE MADE ABOUT ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE GIVEN THEY CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, HOW WELL YOU IMPLEMENT THE IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCIAL ABILITY TO UNDERTAKE A BUSINESS VENTURE, YOUR GENERAL KNOWLEDGE LEVEL, YOUR RELEVANT EXPERIENCE, AND OTHER VARIOUS SKILLS THAT COULD INFLUENCE YOUR DEGREE OF SUCCESS. SINCE THESE FACTORS VARY WITH EACH INDIVIDUAL, WE CANNOT AND DO NOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS OR DECISIONS.
4. MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
5. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
6. The author, inventor, creator, promoter, owner and licensor any warranties (express or implied) of merchantability or fitness for any particular purpose. The website shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided "as is", and without warranties.
7. As always, the advice of a competent legal, tax, accounting or other professional should be sought.
8. The author, inventor, creator, promoter, owner and licensor do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this product.
9. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
10. This product and its attendant materials are copyrighted. No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within this product under any circumstances.
Personal Use License Grant
11. We hereby grant you a nonexclusive license to use one copy of the product on any single computer, provided the product is in use on only one computer at any time. The product is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device.
12. If the product is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the product on a portable or home computer.
13. You may print one copy of the product for your personal use.
LIMITED RESALE LICENSE .
Here is what you are licensed to do with the software you are purchasing:
·use it yourself;
·distribute it free as a promotional item;
·re-sell the right to use this software;
·re-sell the license to sell this software;
·make unlimited copies of the software and do anything you want with it, except --
Here is what you are NOT licensed to do with the software:
·modify it without written permission;
·examine the source code or "reverse engineer" without permission;
·incorporate this software into other commercial software without permission
14. We remain the owner of all right, title and interest in the product and related materials ("Documentation").
Archival or Backup Copies
15. You may copy the product for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the product does not exceed that allowed in the "License Grant" section above.
Things You May Not Do
16. The product and related materials are protected by United States copyright laws and international treaties. You must treat the product and related materials like any other copyrighted material-for example, a book. You may not:
·Copy the product except to make archival or backup copies as provided above,
·Modify or adapt the product or merge it into another program,
·Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the product,
·Place the product onto a server so that it is accessible via a public network such as the Internet, or
·Sublicense, rent, lease or lend any portion of the product
·EXCEPT AS SPECIFICALLY PROVIDED IN THE WEBSITE.
17. We reserve all rights not specifically granted to YOU above. The license granted above will be narrowly construed in our favor. We will have the right to proceed against you in the event that you infringe against our rights. Any use not within the precise scope of the license set forth above will be considered an infringement. In the event of infringement, we reserve the right to proceed with any legal remedy available to us, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy including all remedies under the Digital Millennium Copyright Act (DMCA).
18. You acknowledge and agree that our damages in the event of your violation of this Agreement will be substantial, and that we will suffer irreparable harm in such event. As such, we shall have the right to obtain equitable remedies, including but not limited to an injunction and all remedies under the Digital Millennium Copyright Act (DMCA).
Term and Termination
19. This purchase agreement takes effect upon your use of the product and remains effective until terminated. You may terminate it at any time by destroying all copies of the product in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement or if you receive a refund of your purchase price. You agree on termination of this license to destroy all copies of the product in your possession.
20. The product contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE PRODUCT OTHER THAN IN STRICT ACCORDANCE WITH THIS PURCHASE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
PRODUCT DISLAIMER: NO WARRANTY, NO LIABILITY
21. ALL WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.howtoplayyourguitar.com DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENT NESS OR OTHERWISE. THE ENTIRE RISK, AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT howtoplayyourguitar.com , ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
21A. SOFTWARE WARRANTIES AND DISCLAIMERS:
PRODUCTS, INCLUDING SOFTWARE, ARE SOLD WITHOUT WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTY AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
READ THIS CAREFULLY -- IT LIMITS OUR LIABILITY
While the product, including software, you are purchasing is believed to be free of defect and useful for the purpose intended, there is no warranty that this, in fact, is accurate. There is no guarantee that this product will do what it claims to do; there is no guarantee that it will not harm yours or someone else's computer; there is no warranty that it has commercial viability.
It is up to you to examine this product and test it to your satisfaction during the refund or exchange period. This examination to determine its suitability to your intended purpose is a material portion of the consideration required of you to purchase this product. If, during the refund or exchange period, you determine that is product is not suitable to your needs or purposes, you have a duty to return it for a refund or exchange during the refund or exchange period.
22. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BYhowtoplayyourguitar.com SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MANY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
23. Refund. Our website's entire liability and the purchaser's exclusive remedy, for any claim of any nature, whether it is simply that you are not satisfied with the product or that you have suffered damages as the result of using the product, shall be a refund of the price paid. The time period to request a refund is limited. For this product it is30 days.
23A. Replacement. If you request a replacement of our product, rather than a refund, we will endeavor to honor your request, but we may not be able to, or we may not choose to do so for any reason. In that event, you will receive a refund of the price paid. We limit replacement to30 days from the date of purchase.
All remedies are limited to the United States. By purchasing this product, you have an affirmative duty to inspect this product during the30 day replacement period starting from day you purchase it and to request a refund or replacement if this product does not meet your expectations or if you believe it to be defective. The acceptance and performance of this affirmative duty is a material part of the total consideration you are delivering to purchase this product.
Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Limitation & Exclusion of Liability
25. These warranties exclude all incidental or consequential damages.howtoplayyourguitar.com, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, loss of equipment, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
26. You hereby grant howtoplayyourguitar.comthe royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to howtoplayyourguitar.comthrough this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. howtoplayyourguitar.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future howtoplayyourguitar.com operations.
28. You understand that howtoplayyourguitar.comcannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. howtoplayyourguitar.com does not assume any responsibility or risk for your use of the Internet.
30. This purchase agreement shall be governed by, construed and enforced in accordance with the laws of theIowa, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
31. To the extent you have in any manner violated or threatened to violate howtoplayyourguitar.com and/or its affiliates' intellectual property rights, this website and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State ofIowa, and you consent to exclusive jurisdiction and venue in such courts.
32. Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location:Grinnell, Iowa. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location:Grinnell, Iowa, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
33. You agree that any notice to be sent to you, including but not limited to any legal notices and court-related notices, shall be sent to you via Email at the Email address that you designate when you purchase a license to use our Documents. Any notices to us must be by certified mail, return receipt requested, at the address set forth in the Document package that you purchase from us.
34. We reserve the right to unilaterally amend any offers, pricing terms or other matters pertaining to the Documents or our web site. For all other matters, any amendments to this Agreement must be in writing and signed by both parties. No course of dealing or trade usage shall be deemed to amend the terms of this Agreement.
35. This written purchase agreement is the exclusive agreement between you and us concerning the product and related materials and supersedes any prior purchase order, communication, advertising or representation concerning the product.
36. This purchase agreement may be modified only by us and such modification can be made at any time, without notice to you, and by accepting this Purchase Agreement, you so agree.
37. In the event of litigation between you and us concerning the product, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
39. YOUR acceptance of the terms of this Purchase Agreement electronically, by taking the affirmative act of clicking on any acceptance button or placing a check mark in a box indicating your acceptance and by purchasing our products, shall be deemed to be your signature to this Agreement to the same extent as if your written signature was contained hereon. Our waiver of any breach of this Agreement shall not constitute an amendment to this Agreement or our waiver of subsequent breaches hereof. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Additionally, any provision that is deemed to be unenforceable or invalid shall be interpreted to the maximum extent of enforceability.
This website is owned by:
howtoplayyourguitar.comis owned by: Tim B. Miller Grinnell, Iowa 50112
Last updated: 1/2013