Acceptance of Terms and Conditions
Welcome to the Branch Out Guitar, LLC web site (www.branchoutguitar.com, the “Site”), owned and operated by Branch Out Guitar, LLC. (“Branch Out Guitar, LLC”). Subject to the following Terms & Conditions (“TC”), Branch Out Guitar, LLC provides users of the Site with access to a collection of guitar lessons, guitar and guitar-playing resources, and forums of users and subscribers (the “Services”). Branch Out Guitar, LLC reserves the right to amend these TC from time to time and at any time. The most current version of the TC posted at www.branchoutguitar.com/terms-conditions/ shall control, and users are responsible for reviewing the TC to ensure knowledge of such modifications. Use of the Services by a user shall constitute that user’s acceptance of these Terms & Conditions.
Branch Out Guitar, LLC Services
Branch Out Guitar, LLC provides three levels of access to the Site and its Services. Any visitor to the Site will be able to access only basic information about the Site and the Services of Branch Out Guitar, LLC. Site visitors may register to use the Site by providing basic information to Branch Out Guitar, LLC, and registered users receive limited access to Site Services depending on purchase of individual package or subscription service. Subscription requires periodic payments to take and remain in effect. Subscribers agree to pay for the subscription period selected at the time of purchase. Subscribers will receive a confirmation notice upon their original effective date. It is the subscriber’s responsibility to review the notice to ensure that it accurately reflects the requested subscription period.
Subscription renewal is automatic, and subscribers authorize automatic renewal of their subscriptions until cancelled. Subscribers can cancel the automatic renewal of their subscription at any time. To do so, contact us using any of the methods described at www.branchoutguitar.com/contact/ and provide your account username and password. Your account will be canceled within two (2) business days of receipt and acceptance of your cancellation. Branch Out Guitar, LLC will refund any payment made within sixty (60) days of the payment date.
Reservation of Rights
Branch Out Guitar, LLC reserves the right to terminate and/or cancel subscribers’ subscriptions or access to the site at any time for any reason.
Upon registering, registered users and subscribers will choose a username and password that will permit them to access the appropriate level of services for the Site. Registered users and subscribers to the Site agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. Subscribers agree to be the sole users of their username/password and the Services, and to promptly notify Branch Out Guitar, LLC if this is not the case. Branch Out Guitar, LLC may terminate access and deactivate or delete a user’s account without prior notice and without obligation. Branch Out Guitar, LLC reserves the right to restrict access to the Services to any user, and may at any time without notice immediately deny access by any person.
Intellectual Property Notices
Branch Out Guitar, LLC and its logo are trademarks of Branch Out Guitar, LLC Inc. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. Branch Out Guitar, LLC, our instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. Branch Out Guitar, LLC will pursue legal action against anyone who misappropriates its name or content for commercial use. Any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from Branch Out Guitar, LLC to do so. This notice constitutes fair warning.
You agree to not use the Services:
* to upload, post, email, transmit or otherwise make available (A) any content that you do not have a right to make available; (B) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (C) any unsolicited or unauthorized advertising or promotional materials; or (D) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or
* to intentionally or unintentionally violate any applicable local, state, national or international law.
Print and Download Restrictions
The Site may at times contain proprietary and original material licensed from Third Parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. Branch Out Guitar, LLC is obliged under such licenses to disable the user’s ability to download and/or print such content. Any attempt by users and subscribers to circumvent these restrictions is a violation of this TC agreement and may result in termination of service and appropriate legal action.
Branch Out Guitar, LLC welcomes links to its www.branchoutguitar.com web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by Branch Out Guitar, LLC.
Branch Out Guitar, LLC often links to web sites that are not under its control. Branch Out Guitar, LLC is not responsible for the contents of any linked site or any link contained in a linked site. Branch Out Guitar, LLC provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by Branch Out Guitar, LLC.
Dissemination, Discontinuance or Modification
Branch Out Guitar, LLC may discontinue disseminating the lessons of any instructor, category and type of music, resources and data, and works of specific contributors. Branch Out Guitar, LLC may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Branch Out Guitar, LLC, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or Branch Out Guitar, LLC Full Access content.
Please read this Disclaimer carefully before using any of the Services, including subscribing to the Branch Out Guitar, LLC content.
You understand and agree that the Services available on the site are provided on an “as-is” and “as available” basis. Branch Out Guitar, LLC hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which Branch Out Guitar, LLC provides the Services.
You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.
Branch Out Guitar, LLC will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.
Limitation on Liability
Under no circumstances shall Branch Out Guitar, LLC be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or received, including but not limited to damages for lost profits, even if Branch Out Guitar, LLC has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
This TC constitutes the entire agreement between you and Branch Out Guitar, LLC and shall govern your use of the site and its Services, superseding any prior agreements between you and Branch Out Guitar, LLC.
This TC and the relationship between you and Branch Out Guitar, LLC shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. You and Branch Out Guitar, LLC irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Travis, Texas.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TC must be filed within one (1) year after such claim or cause of action arose or be forever barred.