TERMS AND CONDITIONS OF USE
Welcome to the online marketplace website for iTech Solutions, Inc. (d/b/a Gaylerd.com and/or d/b/a GaylerdGUITAR.com), (hereafter “GaylerdGuitar”, or “Website”, or “Service” or “Services” or “Site”, or ”we”, or “us” or “my” “our“, or “I” or “our site” or “Gaylerd’s Tutorials” or “Gaylerd’s Guitar School” or “Gaylerd” or “pages”).
DEFINITIONS OF TERMS
The term “you” or “your” or “Your” or “subscriber” or “user” or “visitor” or “viewer” refers to the user or viewer or subscriber of the website.
The term “tutorial” or “video” or “lessons” or “Showcase” or “Starting from Scratch” or “library” or “” refers to the online video song tutorials on the website.
The term “membership” or “member” or “plan” or “online service” refers to the state of belong to or being a part of a group.
The term “Life-Time“ as used on this sit shall mean the duration of the Site. You understand that GaylerdGUITAR may, at its sole discretion, modify, amend, change or cancel any and all Life-Time plans or sponsorships with or without notice. You further hereby understand and agree that your benefits under such Life-Time plan will be as per modified, amended or changed. Additionally, you understand and agree that your benefits will cease upon the day the plan and/or Site is terminated, or when the Site is no longer available, or upon the website owner’s (Gaylerd) death. In such event as the Website owner’s death, you hereby agree to forfeit and forgo without recourse any unfulfilled or undelivered lessons, services or products.
USING THIS SITE
You must follow any policies made available to you with the Site. Don’t misuse our Site. You are not permitted to interfere with my site or try to access any of the lessons using a method other then the interface and the instructions we provide. You may NOT embed any of our lessons, nor copy the link to any lessons, nor share a lesson with another person, nor share a password in any way. You may use our site only as permitted by law. You DO NOT have the right to use any of our branding or logos used on the site. Some of our lessons are available on mobile devices. DO NOT use our lessons in any way that may distract you or prevent you from obeying traffic or safety laws.
GaylerdGUITAR reserve the right to cancel, terminate, suspend or modify your subscription and/or your MEMBERSHIP and/or your access to the Site at any time for any reason. Use of this Website constitutes your agreement to this item. PLEASE READ IT CAREFULLY.
The content of the pages of GaylerdGUITAR is for your general information and use only. It is subject to change without notice. From time to time, you may be able to post content on the Website, including uploading videos, photos and providing reviews of the content. You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Website or Service, or transmit or display. You will not post on the Website or Service, or transmit or display defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
If you choose to access a service or tutorial on GaylerdGuitar, you may be asked to register as a member or join a membership plan for use of our services. If you choose to do so, you are indicating that you are expressly accepting these Terms and Conditions and you consent to be bound by and to become a party to the electronic version of these Terms and Conditions which govern your relationship with us and you reaffirm this agreement every time you access the Website. If you choose not to register but still access the Website your use of our site will nonetheless continue to be subject to this Agreement. We reserve the right to change, modify or cancel an online service or membership plan without notice. In such event, we will try our best to keep your current plan in effect for at least 30 days or to give you a partial refund. However, you understand and agree that such action may not be possible or feasible and that your plan may be cancelled without notice or recourse.
NO WARRANTY OR GUARANTEE
YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. GaylerdGUITAR, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENCORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
- The contents on GaylerdGUITAR are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchant-ability, fitness for a particular purpose, or non-infringement. We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. While the information contained within the site is regularly updated, no guarantee is given that the information provided in this website is correct, complete, and/or up-to-date.
- The materials contained on our site or paper documents such as chord charts which are electronically communicated to you from our site, are provided for general information purposes only and do not constitute legal or other professional advice on any subject matter. GaylerdGUITAR does not guarantee the accuracy of any of chord charts or song tutorials and does not accept any responsibility for any loss which may arise from reliance on information contained on this site. GaylerdGUITAR makes no representations or warranties in relation to this Website or the information and materials provided on the Site. Furthermore, GaylerdGUITAR makes no representations or warranties that the Site will be constantly available, or available at all; or will provide notice prior to any changes in the availability of this Website.
- GaylerdGUITAR, including, without limitation, any downloadable software, or streaming software, is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant-ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms of service.
- The information offered on this site is designed for educational and informational purposes only. GaylerdGUITAR is not responsible for any actions or inaction on a user’s part based on the information that is presented in the site.
- To the fullest extent permissible by applicable law, in no event shall GaylerdGUITAR, or its present or future parents or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the site or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the sites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Site. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortuous behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if turner or its present or future parents or affiliated companies has been advised of the possibility of such loss or damage.
- Without limiting the generality of the foregoing, you also specifically acknowledge that GaylerdGUITAR and/or its present or future parents and affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the sites or any other third parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. GaylerdGUITAR disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Site.
You understand and agree that we may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Your use of any information or materials on the SITES is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The SITES reserve the right to modify or amend the TAC at its sole discretion from time to time and at any time. You are responsible for reviewing and understanding the most current version of the TAC posted at https://gaylerd.com/Account/TermsAndConditions.aspx. Your Use of the website constitutes YOUR acceptance to the TAC.
USE OF THE SITE
We are constantly changing and modifying our Site. We may choose to add or remove functionalities or features, and/or we may suspend or stop a GaylerdGUITAR may, from time to time and at its sole discretion, choose to:
- allow a member to use the Site at no direct cost, or
- provide additional services to a user who becomes a member by making a donation of a specified minimum amount as set forth on the Website, GaylerdGUITAR may, at its sole discretion, choose to provide membership plans (as described on our Website) and/or service(s) on a donation basis. In such event, you will not be required to make any contributions for such membership or services(s) for use of the site. It shall be at your sole discretion and desire to make such a donation to the site. No warranty or claim is provided by either site for such donation(s). However, GaylerdGUITAR will provide a 3-day grace period during which time You shall have the right to request a refund for the full amount of your donation, by sending an email requesting such refund to Gaylerd@Gaylerd.com. You hereby understand and agree that after such three-days grace period, you waive your right to recover any amount up to an including the full amount of your donation. You further understand and agree that GaylerdGUITAR may, at its sole discretion, discontinue such donation based membership plan(s). In such event, you understand and agree to waive your right to recover any amount up to and including 100 percent of your donation amount, provided the grace period after your donation has expired.or
- charge a fee to access additional services, including but not limited to online lessons, site pages, and features on the Website. In such event, a user may be required to become a Member through a registration process, or simply register in order to access additional features and services, including but not limited to online lessons.
In such event as GaylerdGuitar may, at its sole discretion, chooses to charge a fee as defined in “Use of the Site” item 3) above, you hereby agree as follows: As consideration for such products, at the time of your selection. You further agree that GaylerdGUITAR may charge to Your credit card or other payment mechanism selected by You and approved by GaylerdGUITAR any and all amounts due and owing for membership and/or Services and or other charges associated with your membership and/or use of the Website. You are required to keep your credit card information accurate and current with GaylerdGUITAR as applicable, at all times. All fees are due immediately upon registration and are non-refundable. GaylerdGuitar may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by GaylerdGUITAR and/or Gaylerd.com to collect such fees. You further understand and agree that GaylerdGUITAR may, at its sole discretion, change prices at any time, including changing from a free service to a paid service and charging for Products and/or Services that were previously offered free of charge; provided, however, that we provide You with prior notice and an opportunity to terminate Your Membership if we change the price of a Product or service, including but not limited to Online lessons, to which You are subscribed and will not charge you for a previously free Service or Product unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event GaylerdGUITAR is unable to collect the fees owed to us by You, we may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by GaylerdGUITAR in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
PRICING FOR ONLINE LESSONS
All payments are to be made in US Currency. Prices for Online lessons are agreed to at the time of payment for the number of lessons purchased. Payments are made in advance at the tme of booking. Lesson prices vary by Provider and lesson type and are subject to change at any time. Users are obligated to honor the prices established at the time of payment. See additional Student and Provider Policies set forth here. Additional pricing terms and conditions are contained within Member and Provider accounts and within email correspondence from GaylerdGUITAR. In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies GaylerdGuitar may have, we may, in our sole discretion, suspend or terminate your account.
PLEASE READ THIS CAREFULLY- GaylerdGUITAR may, at its sole discretion, modify, amend, change or cancel a Membership Plan or online service at any time and without notice. You further hereby understand and agree that You will be bound by such modifications, amendments, or changes. Benefits under such membership plan will be as per modified, amended or changed. Your continued use of the Website constitutes your understanding and agreement to the above mentioned in this item. However, in the event that a Membership Plan is changed or cancelled, GaylerdGUITAR may, at its sole discretion, choose to keep the details of a User’s Membership in effect through the remainder of such User’s Membership Plan, or for however as long as it so desires. However, we reserve the exclusive right to change, modify or cancel an online service or membership plan without notice. In such event, we will try our best to keep your current plan in effect for at least 30 days or to give you a partial refund. However, you understand and agree that such action may not be possible or feasible and that your plan may be cancelled without notice or recourse.
NO REFUNDS WILL BE PROVIDED for the “Learn-By-The-Song” 21 Day Pass. Be sure you have received an email with your password BEFORE purchasing this subscription.
We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using GaylerdGUITAR.
RIGHT TO TERMINATE
PLEASE READ THIS CAREFULLY- The SITES reserve the right to suspend, cancel or terminate your subscription and/or membership and/or your right to access the website at any time for any reason whatsoever. Such suspension, cancellation or termination will not result in a refund of any donations or payments or fees already paid for.
PASSWORD / ACCOUNT SECURITY
Upon registration with the website, users MAY be required to establish a username and password that will allow them access to the appropriate services on the website. Subscribers agree to be the sole users of their username and password and to the services which it entitles them to receive. Users agree to promptly notify GaylerdGUITAR by sending an email requesting such refund to Gaylerd@Gaylerd.com, whenever this is not the case. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
The SITES contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence. From time to time GAYLERD.com may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Reproduction, distribution, republication, and/or retransmission of material contained within this website are prohibited unless the prior written permission from GaylerdGUITAR has been obtained.
You may not create a link to this website from another website or document without www.Gaylerd.com’s prior written consent.
You agree not to use the services or tutorials provided by this Website to upload, post, email, transmit or otherwise make available any content including video content contained within the website without the prior consent of GAYLERD.com
SONG TUTORIALS and/or LESSONS
- Your song choices, whether individual or included in any membership plan, must be suitable for playing the on the acoustic guitar.
- I’ve got to be able to learn, teach and create a lesson for the song you request. If I can’t do the song, I will let you know and you can make another choice or simply decide not to make a purchase.
- Lessons will be structured for teaching chords and strumming on an acoustic guitar, not leads riffs.
- You understand and agree that my lessons and tutorials are my personal interpretation of the artist’s original composition. I DO NOT warrant or guarantee that my interpretation is accurate, or that you will even like it or be satisfied with it. I’m simply trying to be honest and upfront with you. So, if you are offended by or expecting your lesson/tutorial to be accurate or a “clone” of the artist’s arrangement and compositional, DO NOT REQUEST OR PURCHASE any type of song lesson from me.
- Obviously, I can’t play every song. So please try to request songs in the Classic Rock, Soft-Rock, Pop, Country, Praise and Worship genres.
- “LIVE Online” lessons will be scheduled in 30-minute time slots and in Central Standard Times (CST) Chicago, Ill.
- I will work with you to finalize the date and time for a “LIVE Online” lesson. Keep in mind that I typically scheduled live lessons between 5 and 10PM CST on Monday thru Friday and between noon and 4PM on Saturdays. Lessons must be scheduled during appropriate time frames.
- If you use a valid discount to purchase a video tutorial or LIVE lesson, please know that you will only be able to apply one discount. Discounts cannot be combined from other offers.
- NO REFUNDS are offered or provided for any Membership Plan, Video-based Song Tutorial, or LIVE Online Lesson.
CHANGES TO THIS AGREEMENT
We may amend this Agreement at any time by posting the amended Terms on the Website. All amended Terms shall automatically be effective immediately they are posted on the Website. Your continued use of GaylerdGUITAR and our services following such modifications to this Agreement shall constitute acceptance of the new Agreement and you agree to be bound by such modifications. If you do not accept any such changes then your sole remedy is to cease using our services. You should print off a copy of this Agreement as amended from time to time and retain it for your records.
If any provisions of this Agreement are held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement. The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision. Notices and other communications delivered or mailed to the postal address or to the electronic mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent. This Agreement shall inure to our benefit and our successors, assigns and agents. We may assign our rights and duties under this Agreement to any of our subsidiaries or affiliates without giving notice, or to any other entity upon prior written notice.
GaylerdGUITAR is not liable for any delay or failure in performance resulting directly or indirectly from Acts of God, terrorism or other causes beyond our reasonable control.
Your use of GaylerdGUITAR and any dispute arising out of such use of the website is subject to the laws of the United States of America.
- Arbitration -The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, the Website or our relationship shall be BINDING ARBITRATION administered by the American Arbitration Association. However, the one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us as any class action, class arbitration, or other representative action or proceeding.
- Right to Go To Court- By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see the Arbitration Rules at www.adr.org.
- Governing Law- This Agreement, and any dispute between you and us, shall be governed by the laws of the State of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration A