Guitar Smith Online®
Use of this Site is available to individuals of all ages; however, enrollment and membership to use the Site is available to Users who are 18 years of age or older. Anyone under the age of 18 must have the approval of his/her parent or legal guardian, and must be enrolled to use the Site by his/her parent or legal guardian. By downloading, accessing, or using the Site and its CMS, User affirms that he/she is in compliance with the said condition. The Site and the Site's CMS are available for end users only, and shall not be used for anything except personal and noncommercial use.
Acceptance of Agreement
Modification of Terms
Guitar Smith Online® provides online guitar lessons for interested individuals of all ages, music interests, and levels. Located online at www.guitarsmithonline.com, User may choose to enroll and become a member to obtain access to the Site's CMS: tools; video, audio, and hardcopy lessons; and other materials and services. Lessons are presented by one professional guitar instructor, and were developed and designed to closely resemble in-person, private guitar lessons. The purpose of the Site is to offer streamlined, yet detailed and concise, guitar lessons to facilitate the development of knowledge, skills, and abilities to play the guitar.
Corrections and Changes
GSO does not guarantee that the Site or the Site's CMS will be free of errors, viruses, or other potentially harmful elements. GSO reserves the right to make changes to any and all facets of the Site at any time and for any reason without notification to User.
Enrollment, Membership, and Payment
The process of enrolling and becoming a member requires the disclosure and submission of basic personal information, as well as payment information after an initial, one-time 15 day trial period. To open or maintain an active account, and thereby, obtain or retain access to the Site and the Site's CMS, User agrees a) to provide accurate, true, and complete enrollment and membership information; b) to be the sole User, or the parent or legal guardian of a sole User under the age of 18; and c) to honor the charges incurred by providing accurate and valid credit card information to pay for the membership charges. The User’s decision to enroll and pay the membership fees for access to the Site is at the sole discretion of the User. The User agrees to pay for the entire membership period, which is one (1) month, upfront and in full, and understands and agrees that cancellation of his/her enrollment and membership will not result in a refund, in part or in full. Enrollment and membership renewals are automatic for all Users, and User authorizes GSO to continue renewing his/her enrollment and membership by processing credit card charges automatically until enrollment and membership are cancelled. It is the User's responsibility to review confirmation notices and account information to ensure that all records are accurate.
Enrollment and membership with GSO is ongoing, until further notice by User or GSO, for all Users. Credit cards are automatically charged on a monthly basis. All payment periods are based on the number of the calendar day. For example, a User who enrolled on January 15th will be charged for the next month's access on February 15th. Payment for enrollment and membership renewals will be made on the day the enrollment and membership expires to avoid interruption of services; therefore, User is advised to keep track of the expiration date of the credit card selected for GSO enrollment and membership.
GSO reserves the right to increase or decrease monthly enrollment and membership fees at any time, for any reason, and without notice to User.
Cancellation of Enrollment and Membership
User may opt to cancel his/her enrollment and membership, and therefore, forgo access to and use of the Site and its CMS, at any time by logging into his/her account and choosing the "I Wish to Cancel My Account" option, or by contacting GSO at firstname.lastname@example.org. User understands and agrees that he/she will not receive any refund for any time period remaining in his/her enrollment and membership period as a result of a cancellation, and that his/her account and access will be deactivated on the expiration date of the current period. User may continue using the Site and the Site's CMS through the end of the period for which he/she paid.
GSO's Right to Terminate
GSO, in its sole discretion, reserves the right to restrict, terminate, or delete a User's access, enrollment and membership, and/or account, without obligation, at any time and for any reason without prior notice, including, without limitation, a) for lack of use, b) invalid or expired credit card information, or c) if GSO believes User is not in compliance with the terms of this Agreement. User agrees that GSO shall not be held liable to him/her or any third party for any adverse action executed against his/her account and access to the Site. GSO shall not be held liable or obligated to refund any fees paid for enrollment and membership.
Reservation of Rights
GSO reserves all rights to any and all terms not explicitly addressed in this agreement.
Username and Password Protection
During the enrollment and membership process, User will select a username and password ("Login Information"), which will be used by that User only, to access the Site and the Site's CMS. GSO reserves the right to refuse the acceptance of a username for reasons such as, but not limited to, username is a) illegal or potentially illegal, b) the property of someone else, c) assigned to another User, or d) considered obscene, indecent, or otherwise offensive. User agrees to take reasonable and necessary steps to secure his/her Login Information and to keep it confidential. A parent or legal guardian of a User under the age of 18 may provide said User with his/her Login Information, who must comply with keeping the Login Information confidential and secure. If confidentiality and/or security of Login Information is breached or compromised, or potentially breached or compromised for any reason, User will notify GSO immediately. GSO does not permit use of the Site by non-members and does not authorize the sharing of Login Information for access among multiple users.
User’s Login Information, and right to access and use the Site and its CMS, are not transferable or assignable.
User will be held accountable for any and all activities performed under his/her enrollment and membership account, and may be held accountable for claims or losses incurred by GSO as a result of unauthorized uses.
Copyright, Proprietary Rights, and Intellectual Property
The Site’s logo and www.guitarsmithonline.com are the property of Guitar Smith Online®. Other company names, materials, and information mentioned or provided on the Site are the property of their respective owners.
The Site consists of proprietary, original materials and components—including, but not limited to, content, graphics, design, and Site architecture—that are protected under applicable copyrights, trademarks, or other proprietary rights. GSO retains all rights to any and all proprietary, original material and property. User is granted the right to access the Site and use the Site’s CMS for personal, non-commercial use only in accordance with the terms of this Agreement. GSO does not authorize, grant, assign, or transfer ownership of any CMS belonging to GSO. GSO may disable accounts, terminate access, and/or pursue legal action against anyone who engages in misappropriation or unauthorized use of its name, the Site, or the Site’s CMS for commercial use or otherwise, as such action is strictly prohibited at all times. Prior written permission from GSO must be granted before anyone or any business may use GSO's Site or its CMS commercially.
User is authorized to use and access the Site and its CMS for personal and non-commercial purposes only, provided that User maintains and abides by all terms set forth in this Agreement. The use of CMS on any other website, or through any other business, is strictly prohibited.
User agrees not to a) copy, print (except for the limited purpose of learning the guitar), modify, reproduce, republish, distribute, create derivative works, transmit, or otherwise, any or all portions of the Site or its CMS by any means or process available now or in the future for commercial purposes; b) use the Site or its CMS to create a database or similar resource, in any media available now or in the future, that is provided and available for commercial distribution of any kind; c) create compilations or derivative works of any Site CMS; d) use any CMS from the Site in any manner that may violate the rights of GSO or a third party, including, but not limited to, copyright, intellectual property right, or proprietary right; e) delete or alter any notice of copyright, proprietary right, terms of this Agreement, or otherwise; f) remove, disassemble, or reverse engineer any Site component or software, or use any network monitoring or discovery software to determine the Site's architecture; g) use any process or program to gather information from the Site; h) circumvent the architectural design or setup of the Site to download, copy, print, or otherwise, CMS that are restricted from being downloaded, copied, printed, or otherwise; or i) use the Site or its CMS to engage in unauthorized activities that result in the providing of 1) any CMS User is not authorized to provide, 2) any unauthorized advertising materials, or 3) any objectionable content, including, without limitation, content that may be or is unlawful, harassing, obscene, or libelous. User further agrees to comply with any and all applicable local, state, national, or international laws, statutes, ordinances, or regulations while using the Site and its CMS.
GSO reserves the right to implement necessary and appropriate means or actions to address complaints or suspected violations of this Agreement, including, but not limited to, notifying law enforcement officials or other third parties, and will disclose any and all information deemed necessary, including information from User's account and profile.
Links to Third Party Sites
The Site, now or in the future, may include or be linked to other non-GSO sites ("Third Party Sites"). GSO is not responsible for the content, accuracy, opinions, or any materials or services provided on included or linked sites. User further understands that GSO does not have or maintain any control over the products or services offered by Third Party Sites, and that the information and opinions made available through Third Party Sites are not approved or endorsed by GSO. Use of Third Party Sites is at User's own discretion and risk. Under no circumstance is GSO responsible for damages incurred as a result of User’s decision to use or access Third Party Sites.
Advertisers and Sponsors
The Site, now or in the future, may contain advertising and sponsorship information and materials. Advertisers and sponsors—not GSO—are solely responsible for ensuring that submissions are accurate and compliant with applicable laws and this Agreement.
User understands that GSO does not operate, or have or maintain any control over the products or services offered by advertisers and sponsors, and that the information and opinions made are not necessarily approved or endorsed by GSO. Use of and access to advertiser and sponsor information and materials are done so at User's own discretion and risk. Under no circumstance is GSO responsible for damages incurred as a result of User’s decision to use or access advertiser and sponsor information and materials.
Information and Press Releases
Information and press releases, among other documentation, about GSO or the Site, may be posted on the Site. Such documentation may include information about non-GSO companies and should not be considered or relied upon as being provided, approved, or endorsed by GSO or the Site.
Limitations of Liability
GSO reserves the right, without obligation or liability, to interrupt the Site or the Site's CMS at any time, without notification to User, to tend to business-related activities, or otherwise. GSO shall not be liable to User for a) any damages resulting from accessing and utilizing any CMS from the Site or from third party, advertiser, referenced sites, or sponsor information or materials to or from the Site; b) any failure of the Site or its CMS to function accordingly; c) any errors with the Site or that may be in connection with, in relation to, or on the Site; d) any difficulty or loss in ability to access the Site or its CMS; or e) any damages of any kind, including, without limitation, computer-related malfunctions or damages, or otherwise, resulting from authorized or unauthorized use of the Site and the Site's CMS. If or when User access is interrupted for any reason, expected or unexpected, liability will be strictly limited to restoring User's access to the Site and its CMS as soon as possible.
User agrees to indemnify and hold GSO and GSO’s officers, partners, contractors, and any other affiliated party, harmless from any liability, loss, claim, expense, damage of any kind, or otherwise, resulting from all Site– and CMS–related circumstances, including, but not limited to, a) User’s violation of a term(s) included in this Agreement, b) authorized or unauthorized use of the Site, c) errors in or omissions from the Site or any CMS, d) the unavailability or interruption of the Site or any feature thereof, or e) the CMS available on or through the Site.
GSO shall not be held liable for damages incurred, and neither GSO nor User shall have the right to terminate this Agreement if a delay or default in services rendered results from conditions beyond GSO's control including, but not limited to, Acts of God, including fire, flood, earthquake, storm, hurricane, or other natural disaster; Government restrictions; wars, riots, or other upheaval; insurrections; invasions; act of foreign enemies; interruption or failure of electricity service; and/or any other cause beyond the reasonable control of GSO.
This Agreement shall govern User's use of the Site and the CMS provided by the Site, and replaces any agreements made previously between User and GSO.
The title and headings of this Agreement are provided for convenience and reference purposes only, and shall not affect the terms of this Agreement.
The language used in this Agreement is not intended to be in favor of any one party. It should be interpreted according to its fair meaning.
All GSO property, including, but not limited to, this Agreement and User information, may be relinquished to a third party if an acquisition, sale, or merger occurs.
If any term or condition of this Agreement is deemed to be invalid or unenforceable for any reason, that term or condition shall be enforced to the maximum extent allowed and permissible. The other terms or conditions included in this Agreement shall remain in full effect. If GSO decides not to enforce any term or condition of this Agreement, the decision does not imply that the term or condition has been waived for subsequent or similar violations of the Agreement. GSO’s rights under this Agreement shall survive any termination of terms or conditions of this Agreement.
User agrees that any claim or cause of action resulting from the use of the Site, the CMS, or the Agreement, must be filed within one (1) year after such claim or cause of action occurred. After the period of one (1) year has passed, User's claim or cause of action will be permanently waived and barred.
User acknowledges and agrees that the CMS provided by the Site are available on an "as is" and "as available" basis. The Site, its CMS, and other sites owned by GSO, may contain errors or other problems or limitations. GSO maintains no liability for User’s use of the Site, any CMS, or other GSO sites, and maintains no liability as discussed under Limitations of Liability. User further agrees that use of this Site, the Site’s CMS, and/or other sites owned by GSO, are at his/her own risk and without any warranties or guarantees. No written or oral advice or information obtained by the User from GSO through the Site, any affiliate, or any other facet of GSO, shall create or result in any warranty or guarantee that has not been discussed in this Agreement. Loss of data or damages to the User’s computer system resulting from the use of the Site, its CMS, or other sites owned by GSO, including, but not limited to, viruses and other adverse conditions or factors, are solely the responsibility of the User.
If User access is unavailable or interrupted, whether it be due to, but not limited to, server failures, software glitches, or any other circumstance, liability will be strictly limited to restoring access to the Site as soon as possible and in accordance with what is practical.