General Terms & Conditions of Use
Warmoth Guitar Products, Inc. provides you services of Warmoth.com subject to the following conditions. If you visit or shop at Warmoth.com, you accept these conditions. Please read them carefully.
Privacy/Security
Please review our Privacy and Security Policy, which also governs your visit to Warmoth.com.
Electronic Communications
When you visit Warmoth.com or send emails to us, you are communicating with us electronically. You must agree to receive communications from us electronically. We will communicate with you primarily by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, is the property of Warmoth Guitar Products, Inc. and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Warmoth Guitar Products, Inc. and protected by U.S. and international copyright laws. With the exception of General Public Licensed open source software used in portions of Warmoth.com, all software used on this site is the property of Warmoth Guitar Products, Inc. or its software suppliers and is protected by United States and international copyright laws. All other registered trademarks mentioned in the Warmoth.com website are the property of their respective owners and Warmoth Guitar Products, Inc. does not represent these owners.
Warmoth Guitar Products, Inc. grants the User a limited, nonexclusive, revocable license to access and make personal the Warmoth.com site for personal, non-commercial use only. Warmoth Guitar Products, Inc. further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of Warmoth.com so long as the link does not portray Warmoth Guitar Products, Inc., its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. Any unauthorized use of the Warmoth.com site, its content or any portion or derivative thereof shall terminate any license or permission granted by Warmoth Guitar Products, Inc.
Consent To Collection, Use & Disclosure of Your Personal Information
As more fully described in our Privacy Policy, you must disclose certain personal information to make purchases on Warmoth.com. As a condition of registering with our site or making any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your information. The terms and conditions of our Privacy Policy will change from time to time, and as a condition of browsing the site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any purchases. While Warmoth Guitar Products, Inc. takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we can prevent all unauthorized access to your private information. In no event shall Warmoth Guitar Products, Inc. be liable for any damages arising out of, or in any way connected with, a third party's unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Warmoth Guitar Products, Inc. was given actual or constructive notice that damages were possible.
Registration; Customer Accounts; Use of Site
Certain services offered on or through the site require you to first open an account. You are responsible for maintaining the confidentiality of your account information on your computer, including your password, and for all activity that occurs under your account. You agree to notify Warmoth Guitar Products, Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Warmoth Guitar Products, Inc. or any other user of the site due to someone else using your password or customer account. You may not use a password or customer account that is not your own. You may not attempt to gain unauthorized access to the site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the ‘My Account’ button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or any of the systems or networks comprising or connected to the site. You also agree that Warmoth Guitar Products, Inc.may, in its sole discretion and without prior notice to you, terminate your access to the site and your account for any reason, including without limitation: (1) attempting to gain unauthorized access to the site or assisting others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the site or any service offered on or through the site, (4) violations of this Conditions of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Warmoth Guitar Products, Inc. will not be liable to you or to any third party for termination of your access to the site.
Conditions of Sale and Payment Terms
To purchase any goods and/or services on Warmoth.com, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information including all of the following: (1) your name as it appears on the card, (2) your credit card number, (3) the credit card type, and (4) the date of expiration needed to charge your card. By submitting that information to us, you hereby agree that you authorize us and our credit card service provider to charge your card.
Methods of Payment, Credit Card Terms and Taxes
All payments on the Warmoth.com site must be made by VISA, MasterCard, American Express, or Discover credit cards. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement to determine your rights and liabilities as a cardholder. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes).
Order Acceptance Policy
Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Warmoth Guitar Products, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Warmoth Guitar Products, Inc. further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Warmoth Guitar Products, Inc. upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. Should Warmoth Guitar Products, Inc. not fulfill your order completely after it is charged to your credit card, Warmoth will refund any outstanding amount. Orders over $2,000.00 (U.S.) value cannot be placed over Warmoth.com and must be phoned, faxed or emailed to the Warmoth Sales Staff. Warmoth may require additional verifications or information before accepting any order. After placing an order with Warmoth.com please monitor your email periodically in case we need to contact you for information.
No Responsibility To Sell Mispriced Products Or Services
Warmoth Guitar Products, Inc. shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price or containing any other incorrect information or typographical errors. Warmoth Guitar Products, Inc. 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, Warmoth Guitar Products, Inc. will issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
Warmoth Guitar Products, Inc. reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by email delivery to you.
Indemnification
You agree to indemnify and hold harmless Warmoth Guitar Products, Inc. and its owners, affiliates, officers, directors and employees from any claim or demand, including reasonable attorneys fees, made by any third party arising out of or related to your violation of this Conditions of Use, or your violation of any law, regulation or third-party right.
Limitation of liability
The entire risk arising out of the use of the site, the use of any products and/or services offered on or in connection with the site remains with you. In no event shall Warmoth Guitar Products, Inc. or any of their officers, directors, or employees be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or other financial loss) arising out of these conditions of use or the use of or inability to use any products or services, with the delay or inability to use the Warmoth.com site or related services, the provision of or failure to provide products or services, or for any information, products, services and content obtained through the site, or otherwise arising out of the use of the Warmoth.com site whether based on contract, tort, negligence, strict liability or otherwise even if Warmoth Guitar Products, Inc. has been advised of the possibility of such damages. Notwithstanding anything else in this Conditions Of Use or posted on the site, the maximum liability that Warmoth Guitar Products, Inc. shall have is limited to any amounts actually paid to Warmoth Guitar Products, Inc. by the user. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Warmoth Guitar Products, Inc.
Applicable Law; Jurisdiction
The Warmoth.com site is created and controlled by Warmoth Guitar Products, Inc. in the State of Washington, USA. The laws of Washington State will govern the Conditions of Use. Each of Warmoth Guitar Products, Inc. and User agree to submit to the jurisdiction of the courts located within Pierce County, Washington. The Conditions of Use, including all documents referenced herein, represents the entire understanding between User and Warmoth Guitar Products, Inc. regarding the relationship of the User with Warmoth Guitar Products, Inc. and supersedes any prior statements or representations. Headings used in the Conditions of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the Warmoth.com site or making a purchase via the Warmoth.com site, a User is deemed to have accepted the Conditions of Use.
Modification
Warmoth Guitar Products, Inc. reserves the right to make changes to the Warmoth.com site, posted policies and Conditions of Use at any time without notice.