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Terms
and Conditions of Use
The Guitarz Software Web site at www.guitarz.com (the “Site”) is a copyrighted work belonging to Aphasia Software & Music (“Aphasia”). Aphasia Software & Music grants you the right to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE. License Subject to the terms and conditions of this agreement, Aphasia grants you a limited, royalty-free license to view the materials contained on the Site (the “Materials”) and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Aphasia server. You are not granted any right to use Aphasia trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Aphasia. Modification Aphasia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Aphasia will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Secured Areas Your use of any areas of the Site secured by a user name/login screen (“Secured Areas”), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement. Mailings By submitting your name, e-mail address, and any other personal information to Aphasia, you hereby grant Aphasia, subject to the Aphasia Software & Music Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Aphasia products, services, and news (“Mailings”). The terms and conditions of this Agreement shall apply to all such Mailings. Accuracy of Content and Pricing Information Because prices, product descriptions and availability can change quickly, Aphasia does not warrant the accuracy or completeness of the information provided on the Site. Also, Aphasia may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Aphasia or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. Any discounts offered on this site are limited-time offers and are not valid with other offers. Disclaimer of Warranties THE INFORMATION ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, APHASIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law. Limitation of Liability IN NO EVENT SHALL APHASIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT APHASIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. APHASIA'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF OUR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Copyright The Site and the Materials are copyrighted works of Aphasia and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Aphasia except as set forth in these terms and conditions. Amendment Aphasia may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and therefore you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. General If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of Iowa as those laws are applied to contracts entered into and to be performed entirely in Iowa, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Winneshiek County, Iowa, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. |
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