Terms of service

Last updated and effective as of April 23, 2019.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION  PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS  DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

 

This website (https://garrettjacobsmusic.com) is operated by Garrett Jacobs Music, LLC (“Garrett Jacobs” “we,” “us” or “our”), with the on-line store (https://www.garrettjacobsmusic.com/store) operated by Squarespace, Inc. on behalf of Garrett Jacobs Music, LLC, (“Garrett Jacobs,”).  Your access and use of any website where these Terms of Use are posted  and/or where you actively agree to the Terms, including the websites  that you may access using your mobile electronic device and the website  shopping carts that you may access to purchase products from the on-line  store (collectively, the “Sites”), and of the services provided through the Sites (collectively, with the Sites, the “Services”) are governed by and subject to these Terms of Use (the “Terms”). 

LEGAL AGREEMENT

These Terms are a legal agreement between Garrett Jacobs Music, LLC and you. These Terms contain important information regarding your legal rights, remedies and obligations.  Except  as set forth in the Arbitration and Class Action Waiver section below,  by accessing any portion of the Sites or using the Services, you, your  heirs, assigns, and successors (collectively “you”) acknowledge that you  have read and understand these Terms, and you agree to be bound by  these Terms. If you do not agree to these Terms, you may not access,  browse or otherwise use any portion of the Services, and you must  discontinue all use of the Services immediately.

To use the Services, you must be, and represent and warrant that you  are, of legal age (18 years of age or older or otherwise of legal age in  your jurisdiction, or, if you have parental consent, 13 years of age)  and able to agree to these Terms. If you use the Services on behalf of  an entity, you represent and warrant that you have the authority to bind  that entity, your acceptance of the Terms will be deemed an acceptance  by that entity, and “you” and “your” herein shall refer to that entity.  Garrett Jacobs Music has previously prohibited you from  accessing or using the Services, you are not permitted to access or use  the Services.


ADDITIONAL TERMS

Garrett Jacobs Music has established and may establish in the future certain additional policies pertaining to specific content or  events (the “Additional Terms”). Such Additional Terms include, without limitation, Garrett Jacobs Music’s Privacy Policy, Accessibility Policy,  Customer Support Policies  (orders, payment, shipping, and refunds). The Privacy Policy,  incorporated herein by reference, explains how Garrett Jacobs Music may collect, use and disclose information that we learn about you as a  result of your interaction with us through the Services. The Privacy  Policy and all other Additional Terms constitute a part of these Terms  and are hereby incorporated by reference into these Terms. By agreeing  to these Terms, you are also accepting the terms of the Privacy Policy  and of all other Additional Terms.

Garrett Jacobs Music partners with other companies to provide or to  facilitate some of the Services, including, without limitation,  fulfilling product orders, processing payments, administering e-mail  announcements, sponsoring and administering promotions, and processing  and storing data. These companies may maintain their own terms of  service, which are not under the control of Garrett Jacobs Music.

OWNERSHIP

The Parties and their respective subsidiaries, affiliated or related  companies, distributors, vendors, contractors, licensors and/or  licensees are the exclusive owners or licensees of all content and  materials on the Services (“Site Content”) and of all related  intellectual property rights therein, including, without limitation, all  copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services,  software, algorithms, designs, objects, documentation, know-how, code,  data, art, graphics, animation, photographs, images, text, music, sound  effects, audio and/or audio-visual elements, downloadable materials,  look-and-feel, design, layout, organization, presentation, user  interface, navigation and stylistic convention of the Services. The Site Content is protected by copyright laws, international treaty  provisions, trademarks, service marks and other intellectual property  laws. You acknowledge that the Site Content and Services have been  developed, compiled, prepared, revised, selected, and arranged by the  Parties and others through the application of methods and standards of  judgment developed and applied through the expenditure of substantial  time, effort, and money and constitute valuable intellectual property of  the Parties and such others.

The name and trademark GARRETT JACOBS® and any other related logos and trademarks used on this Site (collectively, the “Artist Marks”)  are the exclusive property of Garrett Jacobs Music LLC.  Unauthorized use of any of the Artist Marks or of any  word, term, name, symbol or device that is likely to cause confusion or  mistake with respect to the user’s connection or association with Garrett Jacobs, or his approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Artist Marks is  strictly prohibited by law.  All other trade names, trademarks and  service-marks that appear on the Services are the property of their  respective owners. You agree to notify the Parties immediately upon  becoming aware of any claim that the Services infringe upon any  copyright, trademark, or other contractual, statutory, or common law  rights.

You may access, browse and use the Services and the Site Content only  for your personal, non-commercial use, on a computer, mobile electronic  device or other Internet-compatible device. You do not acquire any  ownership interests in any of the Site Content or the Artist Marks by  accessing, browsing or otherwise using the Services. You may not copy,  reproduce, modify, distribute, transmit, display, perform, publish or  otherwise exploit, through any means or media, any of the Site Content  or the Artist Marks, except as may be allowed by law.

YOUR CONTENT

Certain features of the Services may allow you to post, upload,  transmit or submit certain materials, content, questions, photographs,  reviews, designs, concepts, inventions, feedback, information or ideas  to the Services (“Your Content”).  You may not post, upload,  transmit or submit to the Services any of Your Content that you did not  create or that you do not have express written permission to post.  By  providing Your Content to the Parties, you: (i) represent and warrant  that Your Content is original to you, that you solely and exclusively  own or otherwise control all of the rights in Your Content, or that you  have the rights necessary to grant the license in the following  subsection (ii), and represent and warrant that neither Your Content nor  your posting, uploading, publication, submission, or transmittal of  Your Content or use of Your Content (or any portion thereof) by Garrett Jacobs Music will infringe, misappropriate, or violate any  rights, including a third party’s patent, copyright, trademark, trade  secret, moral rights, or other proprietary or intellectual property  rights, or rights of privacy or publicity, or result in the violation of  any applicable law or regulation; (iii) grant Garrett Jacobs Music, and each of the Parties, a nonexclusive worldwide, fully  paid-up, royalty-free, unrestricted, perpetual, irrevocable, and fully  transferable, assignable and sub-licensable (through multiple tiers)  right and license, to copy, reproduce, edit, modify, distribute, stream,  broadcast, transmit, display, perform, publish, sell, license,  transfer, adapt, create derivative works from, and otherwise use and  exploit Your Content, for any purpose that any of the Parties may  choose, in and through any means or media, whether now existing or  subsequently developed, and without any compensation to, or any approval  by, you or any other party, and you waive and agree not to assert any  author’s rights, “droits morales” or “moral rights”; and (iv) agree to  indemnify, defend, and hold harmless us and each of the Parties, their  affiliates and subsidiaries, and their officers, owners, directors,  managers, employees, agents, and representatives (the “Related Parties”)  harmless for all claims resulting from Your Content (as further  detailed in the Indemnification Section below). In the interest of  clarity, the license granted to the us and the Parties shall survive  termination of the Service or Your Account (as defined below). The  Parties do not provide any compensation for Your Content. You agree  that, subject to the Sites’ Privacy Policy, Your Content shall be deemed  to be non-confidential and non-proprietary, and Garrett Jacobs Music shall have no obligation of any kind with respect to such information.

You acknowledge and agree that you are solely responsible for Your  Content. The Parties cannot be responsible for maintaining Your Content,  and may remove Your Content from the Services at any time, for any or  no reason, and without notice to you.  The Parties reserve the right,  but do not have an obligation, to monitor and/or review all materials  posted to or through the Services, by their users, and we are not  responsible for any such materials. Garrett Jacobs Music may, at their  sole discretion, proofread, summarize, or otherwise edit and/or  withdraw Your Content, and you understand it remains your sole  responsibility to monitor Your Content and ensure that such edited  content is accurate and consistent with your representations and  warranties in these Terms. However, Garrett Jacobs Music further reserves the right at all times to disclose any information as necessary  to satisfy any law, regulation or government request, or to edit, refuse  to post or to remove any information or materials, in whole or in part,  that in our sole discretion are objectionable or in violation of these Terms or applicable law. Garrett Jacobs Music may also impose limits  on certain features on the Services or restrict your access to part or  all of the features or Services, if either party believes that you are  in breach of these Terms or applicable law, or for any other reason, all  without notice or liability.

LICENSE

Subject to your compliance with these Terms, Garrett Jacobs Music  grants you a limited, non-exclusive, non-sub-licensee,  non-transferable, and revocable right to access and use the Services  only for your own internal, personal, or non-commercial use, and only in  a manner that complies with all legal requirements that apply to you or  your use of the Services, including those relating to data security and  data privacy, such as our Privacy Policy, these Terms, and the  Additional Terms. Garrett Jacobs Music may revoke this license at  any time, in each entity’s sole discretion. Upon any such revocation,  you must promptly destroy all materials downloaded or otherwise obtained  from the Services, as well as all copies of such materials, whether  made in accordance with these Terms or otherwise.

PROHIBITED CONDUCT

You warrant and agree that, while accessing or using the Services, you will not:

  • use another person’s account, impersonate any person or entity, or misrepresent your affiliation with any person or entity, whether actual or fictitious;

  • use an inappropriate username or screen name;

  • insert your own or a third party’s advertising, marketing or other promotional content into any Site Content, or post, upload, transmit or submit such content as part of Your Content;

  • copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with the prior written consent of Garrett Jacobs Music, as appropriate;

  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services, through any means, including through means not intentionally made publicly-available or provided through the Services;

  • scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by Garrett Jacobs Music, or otherwise engage in any automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;

  • use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers;

  • post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment

  • use the Services for bench marking, or to compile information for a product or service;

  • frame, inline link, or similarly display the Services or any portion of the Services;

  • use the Services in violation of our or of any of the Parties’ or Related Parties’ intellectual property or other proprietary or legal rights, or of the rights of any third party;

  • use the Services in violation of any law;

  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Services;

  • facilitate violations of these Terms or the Sites’ Privacy Policy;

  • post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;

  • post, transmit, publish or otherwise disseminate through the Services any of Your Content that, as Garrett Jacobs Music determines, in our sole discretion: (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, inflammatory, threatening, abusive, libelous, defamatory, invasive of another’s privacy, or otherwise unlawful; (ii) is false, misleading, or inaccurate; (iii) promotes sexually explicit or pornographic materials, violence, or any illegal acts; (iv) infringes on our or any third party’s intellectual property or other legal rights, or otherwise violates any law; (v) is derogatory or harmful to our reputation or to the reputation of any of the Parties or Related Parties in any way; (vi) gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case; or (vii) is otherwise inappropriate; or

  • attempt to indirectly undertake any of the foregoing.

 YOUR ACCOUNT AND YOUR USER INFORMATION

Some of the Services are only available if you create an account.  When any of the Services require you to open an account (“Your Account”) or to otherwise provide user or registration information, including user names and passwords (“Your User Information”),  you must complete the registration process by providing Garrett Jacobs Music with complete, current, and accurate information and must  update Your User Information to keep it complete, current, and accurate.  By registering, you agree that you are fully responsible for all  activities that occur under Your Account. Parties may assume that any  communications they receive under Your Account have been made by you.  You grant to the Parties the right to use, store, monitor, retrieve and  transmit Your User Information in connection with the operation of  and/or the provision of any of the Services.  Our information collection  and use policies with respect to the privacy of Your User Information  are set forth in the Sites’ Privacy Policy, which is incorporated into  these Terms by reference for all purposes. You agree that information  submitted to Your Account will be transmitted to and shared with third  parties that may be located in other countries in order for the Parties  to provide services to you, including, but not limited to, transaction  processing and fraud prevention.

 You are solely responsible for maintaining the confidentiality of  Your User Information.  You are also solely responsible for any and all  activities that occur under Your Account or Your User Information.  You  must notify Garrett Jacobs Music immediately, via e-mail to Info@garrettjacobsmusic.com ,  of any suspected or actual unauthorized use of Your Account or Your  User Information, and of any and all other security breaches. You  understand and agree that Garrett Jacobs Music may require you to  provide information that may be used to confirm your identity and help  ensure the security of your account.

Garrett Jacobs Music will not be liable for any loss, damages,  liability, expenses or lawyers’ fees that you may incur as a result of  someone else using Your Account, either with or without your knowledge  and/or authorization, and regardless of whether you have or have not  advised us of such unauthorized use. You will be liable for losses,  damages, liability, expenses and lawyers’ fees incurred by Garrett Jacobs Music, or a third party due to someone else using Your Account.

Garrett Jacobs Music reserves the right to limit, block,  suspend, or terminate Your Account in whole or in part or to refuse  services to you, without notice to you, at any time and for any or no  reason. Without limiting the above, if you are a repeat copyright  infringer, Garrett Jacobs Music will, in appropriate circumstances,  permanently terminate Your Account and remove all of Your Content from  the Services.  If appropriate, in their sole discretion, Garrett Jacobs Music may communicate to other users that Your Account has been  terminated, blocked, suspended, or terminated, and why this action has  been taken. You have the right to terminate Your Account at any time.   You may terminate Your Account by following the instructions on the  Services. Please note that if Your Account is terminated, Garrett Jacobs Music does not have an obligation to delete or return to you any of Your  Content.

If you voluntarily terminate Your Account or allow Your Account to  lapse, you may reactivate Your Account at any time through the account  interface on the Services.  Accounts terminated by us for any type of  abuse, including without limitation, a violation of these Terms, may not  be reactivated.  Certain provisions of these Terms will still apply  post termination.

FEES THAT YOU MAY PAY

Some of the Services require you to pay a fee, the details of which  are available in various areas of the Services that allow you to  purchase products or services.  If you choose to join a mobile marketing  list, please be aware that there are usually costs associated with  receiving SMS or MMS messages, which are determined by your carrier. You  should contact your carrier to determine the charges that may apply  before you sign up to receive updates via SMS or MMS. If you wish to  stop receiving such messages from us, at any time, simply write “STOP”  in a reply to any message from Garrett Jacobs Music. You agree to pay  all fees and applicable taxes incurred by you or anyone using Your  Account or Your User Information.

 By submitting an order through the Services, you agree to pay in  advance the price of the product(s) or service(s) ordered, plus any  applicable taxes, shipping and handling and/or other charges. Payment  may be made by credit card or any other method of payment made available  to you (each, a “Method of Payment”). In order to make a payment, you  must provide valid credit card and/or other billing information and  authorize Garrett Jacobs Music to charge your Method of Payment for all orders placed and accepted  via the Services.

Garrett Jacobs Music may revise the pricing for products and services offered through  the Services at any time.  Unless otherwise noted, all currency  references are in U.S. Dollars. All fees and charges are payable in  accordance with payment terms in effect at the time the fee or the  charge becomes payable.  If there is a dispute regarding payment of fees  for products or services provided by us, Your Account may be closed and  Your User Information may be disabled, without warning or notice, at  our sole discretion.

EXCEPT AS OTHERWISE SET FORTH IN THE CUSTOMER SUPPORT POLICIES  (IF AND WHEN APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE  FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS OR SERVICES ARE NOT  REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO  YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY  UNAUTHORIZED CHARGES.

Garrett Jacobs Music may, from time to time, modify, amend or supplement its fees and  fee-billing methods, and such changes shall be effective immediately  upon posting in these Terms or elsewhere on the Services.

Garrett Jacobs Music reserves the right to refuse or limit any order you place with  the webstore. Garrett Jacobs Music may also, in its sole discretion, limit or cancel  quantities purchased per person, household, or order. These restrictions  may include orders placed by or under the same account, Method of  Payment, email address, and/or using the same billing and/or shipping  address. Garrett Jacobs Music also reserves the right to limit or prohibit orders that,  in its sole judgment, appear to be placed by dealers, resellers or  distributors. In the event Garrett Jacobs Music makes a change to or cancel an order, it  will attempt to notify you by contacting the email address provided at  the time the order was made. If 318 Managemnt cancels all or any part of your  order after your Method of Payment has been charged, it will refund the  appropriate amount.

SUBMISSION OF YOUR IDEAS AND SUGGESTIONS

While  Garrett Jacobs Music encourages you to share ideas and  suggestions through the Services, each entity wishes to avoid any  potential misunderstandings or disputes that may arise from the limited  use that  Garrett Jacobs Music or other users of the Services may make  of any ideas, feedback, comments, questions, or suggestions that you  choose to share (including, without limitation, ideas or suggestions for  new creative work, sound recordings, musical compositions or videos)  (collectively the “Submissions”), or if the content or business  activities of Garrett Jacobs Music  seems similar to any such ideas or  suggestions.  When you share Submissions through the Services, you  represent and warrant (a) that you have the right to disclose the  Submissions, (b) that the Submissions do not violate the rights of any  other person or entity, and (c) that the Submissions do not contain the  confidential or proprietary information of any third party or parties.  By sharing Submissions, you further agree that  Garrett Jacobs Music is under no obligation of confidentiality, express or implied, with  respect to the Submissions and grant to  Garrett Jacobs Music, to the  Parties and to the respective designees a nonexclusive worldwide, fully  paid-up, royalty-free, unrestricted, perpetual, irrevocable, and fully  transferable, assignable and sub-licensable (through multiple tiers)  right and license to copy, reproduce, edit, modify, distribute, stream,  broadcast, transmit, display, perform, publish, sell, license, transfer,  adapt, create derivative works from, and otherwise use or exploit your  Submissions, for any purpose that the Parties and/or their respective  designees may choose, in and through any means or media, whether now  existing or subsequently developed, and without any compensation to, or  any approval by, you or any third party, and you waive and agree to  assert any and all author’s rights, “droits morales” and “moral rights.”  If you do not wish to grant the foregoing right and license, please do  not share, submit or post any Submissions on or through any of the  Services. In the interest of clarity, this section shall survive any  termination of Your Account or the Services.

LEGAL COMPLIANCE

You acknowledge, consent, and agree that  Garrett Jacobs Music may  access, preserve, and disclose your information and/or Your Content for  inclusion on the Services, if required to do so by law or in a good  faith belief that such access, preservation, or disclosure is permitted  by law or by the Sites’ Privacy Policy or reasonably necessary or  appropriate for any of the following reasons: (1) to comply with legal  process; (2) to enforce these Terms, the Sites’ Privacy Policy, or other  contracts with you, including investigation of potential violations  thereof; (3) to respond to claims that any content violates the rights  of third parties; (4) to respond to your requests for customer service;  (5) to protect the rights, property, or personal safety of Garrett Jacobs Music, its agents and affiliates, its users, and the public; and/or (6)  in connection with the operations of Your Account. This includes  exchanging information with other companies and organizations for fraud  protection, and spam/malware prevention, and similar purposes.

LINKS TO THIRD-PARTY WEBSITES

The Services contain links to websites of third parties (including,  without limitation, Facebook, Instagram, iTunes, tumblr, Twitter and  YouTube). If you use these links, you will leave the Services.  These  third parties and their websites are not under the Parties’ control.   Garrett Jacobs Music does not examine or evaluate these websites and we  are not responsible for their content or operation.  By providing links  to these websites,  Garrett Jacobs Music does not approve, warrant or  endorse, or otherwise make any representation about, these websites or  their owners or operators, and do not assume any related responsibility  or liability.  You should exercise your own judgment in evaluating and  using these websites.  When you link to these websites, you become  subject to their terms and conditions of use and privacy policies.

 LINKING TO THE SITES

You agree that if you include a link from any website to any of the  Sites, such link shall open in a new browser window and shall link to  the full version of an HTML-formatted page of the Sites.  You may not  link directly to any Site Content, by, for example and without  limitation, “in-line” linking or “deep-linking” methods, or in any  manner causing the Sites, or any page of the Sites, to be “framed,”  surrounded or obfuscated by any third-party content, materials or  branding.  Garrett Jacobs Music may, at any time and for any or no  reason, require that any link to the Sites be discontinued and removed  and may revoke your right to link to the Sites.

DISCLAIMERS AND WARRANTIES

318 Managment administers, controls, and operates the Services from the United  States of America.  The Services are accessible worldwide; however, some  of their features or functions may not be available or appropriate for  use outside the United States and/or may not be available to all persons  or in all geographic locations.  Garrett Jacobs Music  makes no  representation that the Services and Site Content are appropriate or  authorized for use in all countries, states, provinces, counties or any  jurisdictions outside the United States. Your access and use of the  Services may not be legal in your jurisdiction.  If you choose to  access, browse or use the Services, you do so on your own initiative and  at your own risk, and you are responsible for compliance with all  applicable laws if, and to the full extent that, such laws and  restrictions are applicable.   Garrett Jacobs Music reserve the right to  limit, in each entity’s sole discretion, as appropriate, the provision  of any feature or function of the Services to any person and any  geographic area.  All Services are void where prohibited.

 The Services provide information of a general nature only and you are  responsible for determining whether it applies to your specific  situation.  Each of the Parties and Related Parties specifically  disclaim any liability concerning any action that any person may take  based on any information or guidance provided on the Services.

Some content on the Services is provided by the users of the  Services.  With the exception of the license granted to us in these  Terms,  Garrett Jacobs Music does not obtain or control any rights in, and  do not exert editorial control over, such content provided by users.  Garrett Jacobs Music also does not independently verify the  representations and warranties made by the users with respect to such  content. Your access to and use of the Services is at your own risk.

THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS  AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,  INCLUDING. WITHOUT LIMITING THE FOREGOING, PARTIES AND THE RELATED  PARTIES EXPLICITLY DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR  UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE  SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY  QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR  NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR  USAGE OF OR IN TRADE, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN  CONNECTION WITH THE SERVICES, AND ANY WARRANTIES RELATING TO THE  QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION  OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES.  NONE OF THE  PARTIES WARRANT THAT THE SERVICES OR THE SITE CONTENT WILL BE TIMELY,  SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION,  FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR  DEFECTS.  YOU USE THE SERVICES AT YOUR OWN RISK.  EACH OF THE PARTIES  AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE  LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER  EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR  USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SERVICES.   YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND  VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY  YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA  INPUT AND OUTPUT.   GARRETT JACOBS MUSIC SHALL NOT BE LIABLE FOR ANY  DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY  LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA,  INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR  MADE AVAILABLE VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION,  WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES  SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  Some  jurisdictions do not allow the disclaimer of implied warranties, so the  foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR  DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND  DISCONTINUE ALL USE OF THE SERVICES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY  LAW, EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT  LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT  LIABILITY, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL  OR EQUITABLE THEORY, (WHETHER OR NOT ANY OF THE PARTIES OR THE RELATED  PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WILL ANY  OF THE PARTIES OR THE RELATED PARTIES BE LIABLE FOR ANY DIRECT,  INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL  DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, THAT  ARISE OUT OF OR IN CONNECTION WITH (A) THE USE OF THE SERVICES OR  INABILITY TO USE THE SERVICES, OR ANY SITE CONTENT, INFORMATION,  SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE  SERVICES; (B) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (C) ANY  DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT  OF OR IN CONNECTION WITH THESE TERMS; (D) ANY COMMUNICATIONS,  INTERACTIONS OR MEETINGS WITH OTHER USERS OF SERVICES OR OTHER PERSONS  WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE  SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR  LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH STATES OR  JURISDICTIONS,  GARRETT JACOBS MUSIC, AND THE PARTIES’ LIABILITY SHALL BE  LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL ANY OF THE PARTIES OR RELATED PARTIES BE LIABLE FOR  ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON  BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES  (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT).  IN NO EVENT SHALL  THE PARTIES’ AND/OR THE RELATED PARTIES’ TOTAL, AGGREGATE LIABILITY TO  YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE  AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE  SERVICES OR FOR ANY OF YOUR ACTIVITIES ON THE SERVICES DURING THE THREE  (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM (EXCLUDING THE AMOUNTS PAID  FOR ANY MERCHANDISE PURCHASED ON THE SERVICES), OR (B) ONE HUNDRED U.S.  DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

INDEMNIFICATION

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND,  AND HOLD EACH OF THE PARTIES, AND THE RELATED PARTIES HARMLESS FROM AND  AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE  LAWYERS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION  WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE  SERVICES, YOUR VIOLATION OF THE TERMS OR PRIVACY POLICY, YOUR VIOLATION  OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF SITE  CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.   GARRETT JACOBS MUSIC RESERVE THE RIGHT, AT EACH ENTITY’S OWN EXPENSE,  TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AS  APPROPRIATE, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING  ANY AVAILABLE DEFENSES.

If you are a California resident, you hereby waive California Civil  Code §1542, which says: “A general release does not extend to claims  which the creditor does not know or suspect to exist in his favor at the  time of executing the release, which if known by him must have  materially affected his settlement with the debtor.” This release  includes the criminal acts of others. If you are not a California  resident, you waive your rights under any statute or common law  principle similar to Section 1542 that governs your rights in the  jurisdiction of your residence.

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Parties agree that these Terms affect interstate commerce  and that the Federal Arbitration Act governs the interpretation and  enforcement of these arbitration provisions. This Section is intended to  be interpreted broadly and governs any and all disputes between  you  and either or both of the Parties, including but not limited to claims  arising out of or relating to any aspect of the relationship between   you and either or both of the Parties, whether based in contract, tort,  statute, fraud, misrepresentation or any other legal theory; claims that  arose before these Terms or any prior agreement (including, but not  limited to, claims related to your use of the Services); and claims that  may arise after the termination of these Terms or agreement to  arbitrate. The only disputes excluded from this broad prohibition are  the litigation of certain intellectual property and small court claims,  as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with the Parties as follows:

Initial Dispute Resolution: Most disputes can be resolved without  resort to litigation. You can reach the Parties’ support department at Info@garrettjacobsmusic.com.  Except for intellectual property and small claims court claims, the  parties agree to use their best efforts to settle any dispute, claim,  question, or disagreement directly through consultation with the  Parties’ support department, and good faith negotiations shall be a  condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon  solution within a period of thirty (30) days from the time informal  dispute resolution is initiated under the Initial Dispute Resolution  provision above, then either party may initiate binding arbitration as  the sole means to resolve claims, subject to the terms set forth below.  Specifically, all claims arising out of or relating to these Terms  (including the Terms' or Privacy Policy's formation, performance, and  breach), the parties' relationship with each other, and/or your use of  the Service shall be finally settled by binding arbitration administered  by JAMS in accordance with the JAMS Streamlined Arbitration Procedure  Rules for claims that do not exceed $250,000 and the JAMS Comprehensive  Arbitration Rules and Procedures for claims exceeding $250,000 in effect  at the time the arbitration is initiated, excluding any rules or  procedures governing or permitting class actions. The arbitrator, and  not any federal, state, or local court or agency, shall have exclusive  authority to resolve all disputes arising out of or relating to the  interpretation, applicability, enforceability, or formation of these  Terms or the Privacy Policy, including but not limited to any claim that  all or any part of these Terms or Privacy Policy is void or voidable,  whether a claim is subject to arbitration, or the question of waiver by  litigation conduct. The arbitrator shall be empowered to grant whatever  relief would be available in a court under law or in equity. The  arbitrator's award shall be written and shall be binding on the parties  and may be entered as a judgment in any court of competent jurisdiction.  To start an arbitration, you must do the following: (a) write a Demand  for Arbitration that includes a description of the claim and the amount  of damages you seek to recover (you may find a copy of a Demand for  Arbitration at www.jamsadr.com ); (b) send three copies of the Demand  for Arbitration, plus the appropriate filing fee, to JAMS, One Atlantic  Center, 1201 West Peachtree, NW, Suite 2650, Atlanta, GA 30309; and (c)  send one copy of the Demand for Arbitration to Garrett Jacobs Music 111 17th Ave S., if appropriate.

You will be required to pay $250 to initiate an arbitration against  us. If the arbitrator finds the arbitration to be non-frivolous, the relevant Parties will pay all other fees invoiced by JAMS, including  filing fees and arbitrator and hearing expenses. You are responsible for  your own attorneys' fees unless the arbitration rules and/or applicable  law provide otherwise.

The parties understand that, absent this mandatory arbitration  provision, they would have the right to sue in court and have a jury  trial. They further understand that, in some instances, the costs of  arbitration could exceed the costs of litigation and the right to  discovery may be more limited in arbitration than in court. If you are a  resident of the United States, arbitration may take place in the county  where you reside at the time of filing. For individuals residing  outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Parties further agree  to submit to the personal jurisdiction of any federal or state court in  Los Angeles County, California order to compel arbitration, to stay  proceedings pending arbitration, or to confirm, modify, vacate, or enter  judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the  arbitration shall be conducted in their individual capacities only and  not as a class action or other representative action, and the parties  expressly waive their right to file a class action or seek relief on a  class basis. YOU AND THE PARTIES AGREE THAT EACH MAY BRING CLAIMS  AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A  PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE  PROCEEDING. If any court or arbitrator determines that the class  action waiver set forth in this paragraph is void or unenforceable for  any reason or that an arbitration can proceed on a class basis, then the  arbitration provisions set forth above shall be deemed null and void in  their entirety and the parties shall be deemed to have not agreed to  arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding  the parties' decision to resolve all disputes through arbitration,  either party may bring enforcement actions, validity determinations or  claims arising from or relating to theft, piracy or unauthorized use of  intellectual property in state or federal court or in the U.S. Patent  and Trademark Office to protect its intellectual property rights  ("intellectual property rights" means patents, copyrights, moral rights,  trademarks, and trade secrets, but not privacy or publicity rights).  Either party may also seek relief in a small claims court for disputes  or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not  be bound by the arbitration and class action waiver provisions set  forth above by sending (from the email address you used to register for  your account) written notice of your decision to opt out to Info@garrettjacobsmusic.com  with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT."  The notice must be sent within thirty (30) days of your first use of the  Service or the effective date of the first set of Terms containing an  Arbitration and Class Action Waiver section, whichever is later;  otherwise, you shall be bound to arbitrate disputes in accordance with  the terms of these paragraphs. If you opt out of these arbitration  provisions, the Parties also will not be bound by them.

Changes to This Section: the Parties will provide thirty (30)  days' notice of any changes to this section by posting on the Service,  sending you a message, or otherwise notifying you when you are logged  into your account. Amendments will become effective thirty (30) days  after they are posted on the Service or sent to you.

Changes to this section will otherwise apply prospectively only to  claims arising after the thirtieth (30th) day. If a court or arbitrator  decides that this subsection on "Changes to This Section" is not  enforceable or valid, then this subsection shall be severed from the  section entitled “Arbitration and Class Action Waiver,” and the court or  arbitrator shall apply the first Arbitration and Class Action Waiver  section in existence after you began using the Service.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Service.

NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT

 Garrett Jacobs Music respects the intellectual property rights of  others and requires users of the Sites to do the same.  In accordance  with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”)  and other applicable law, it is each entity’s policy, in appropriate  circumstances, to terminate the account of a user who is deemed to  infringe third-party intellectual property rights and/or to remove user  content that is deemed to be infringing. To notify  Garrett Jacobs Music of your claim of copyright infringement related to any Site Content,  please send a written communication to the following designated  copyright agent:

Garrett Jacobs Music

Email: Info@garrettjacobsmusic.com

Your notice must include:

1) A physical or electronic signature of a person authorized to act  on behalf of the owner of an exclusive right that is allegedly  infringed;

2) Identification of the copyrighted work claimed to have been  infringed, or, if multiple copyrighted works at a single online site are  covered by a single notification, a representative list of such works  at that site;

3) Identification of material that is claimed to be infringing or to  be the subject of infringing activity and that is to be removed or  access to which is to be disabled, and information reasonably sufficient  to permit us to locate the material;

4) Information reasonably sufficient to permit us to contact you,  such as an address, telephone number, and, if available, an electronic  mail address;

5) A statement that you have a good faith belief that use of the  material in the manner complained of is not authorized by the copyright  owner, its agent, or the law; and

6) A statement that the information in the notification is accurate  and, under penalty of perjury, that you are authorized to act on behalf  of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as  described above, we will remove or disable access to the allegedly  infringing material and promptly notify the alleged infringer of your  claim. We also will advise the alleged infringer of the  counter-notification procedure, as described in and required by the  DMCA.

If we receive a valid counter-notification, we will restore the  removed or disabled material after ten (10), but no later than fourteen  (14), business days from the date on which we receive the  counter-notification, unless this Copyright Agent first receives notice  from you, as the party filing the original notification of copyright  infringement, informing us that you have filed a court action to  restrain infringement of the material in question. Please also note  that, pursuant to Section 512(f) of the DMCA, any person who knowingly  materially misrepresents that material or activity is infringing may be  subject to liability.

Please note that the above contact information is for intellectual  property infringement notices only. DO NOT CONTACT THIS COPYRIGHT AGENT  FOR OTHER INQUIRIES OR QUESTIONS.

MODIFICATIONS

 Garrett Jacobs Music reserves the right to modify, suspend, refuse or  terminate, in the entities’ sole discretion, at any time, temporarily  or permanently, for any or no reason and without notice or liability to  you, any portion of the Services.

 Garrett Jacobs Music reserves the right to modify these Terms and/or  any other guidelines or policies affecting the Services at any time, and  all revisions will become effective upon the earlier of (a) posting of  the revisions on the Sites, or (ii) distribution of the revisions by  electronic mail. For this reason, please visit this page on a regular  basis and check the “last updated and effective” date at the top of this  page to ensure that you are familiar with the most recent version of  these Terms. Your continued use of any of the Services after the  effective date of any revisions means that you accept and agree to all  such revisions. If you do not agree to, or cannot comply with, the  modified Terms, you must stop using the Services.

ASSIGNMENT

You agree that  Garrett Jacobs Music may assign or delegate any of  the rights or licenses granted hereunder, and/or transfer, sub-contract  or delegate any of the obligations, under these Terms.  Your agreement  to these Terms is personal to you and you may not transfer or assign it,  your rights, licenses, or obligations to any third party. Any attempted  transfer or assignment in violation hereof shall be null and void.

GOVERNING LAW AND JURISDICTION

By visiting or using the Services, you agree that the laws of the  United States of America and the laws of the State of Tennessee, without  regard to the principles of conflicts of laws, will govern your use of  the Services, and these Terms and all matters relating to your access to  and/or use of the Services, including all disputes between you and us  and/or any of the Parties and/or the Related Parties.  You and Garrett Jacobs Music irrevocably submit to the exclusive jurisdiction of, and venue  in, the state and federal courts seated in Davidson County, Tennessee,  and the related appellate courts, in any related action or proceeding.  You hereby waive any and all jurisdictional and venue defenses otherwise  available. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO  YOUR USE OF THE SERVICES, THESE TERMS AND ALL MATTERS RELATING TO YOUR  ACCESS TO AND/OR USE OF THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE  (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE  OF ACTION SHALL BE PERMANENTLY BARRED. 

ENTIRE AGREEMENT

These Terms shall be deemed to include all other notices, policies,  disclaimers and other terms and conditions contained in the Services,  including, without limitation, the Sites’ Privacy Policy and all other  Additional Terms; provided, however, that these Terms shall prevail in  the event of a conflict with any such other documents.  Any rights not  expressly granted in these Terms are reserved to us and to the Parties.

These Terms constitute the entire agreement between you and us, and  supersede all prior or contemporaneous communications and proposals,  whether electronic, oral or written, between you and us, with respect to  your use of the Services and all matters relating to your access to,  and/or use of, the Services except as expressly provided herein.  A  printed version of these Terms and of any notice given in electronic  form shall be admissible in any and all judicial or administrative  proceedings based upon or relating to these Terms to the same extent as  other business documents and records originally generated and maintained  in printed form.

 If any part of these Terms is determined to be invalid or  unenforceable under applicable law including, without limitation, the  warranty disclaimers and liability limitations stated above, then the  invalid or unenforceable provision(s) will be deemed superseded by a  valid, enforceable provision that most closely matches the intent of the  original provision, and the remainder of these Terms shall continue in  full force and effect.

CONTACT US

If you have any questions about these Terms, please contact us at info@garrettjacobsmusic.com.