The ESP Guitar Company WELCOMES YOU TO THE The ESP Guitar Company WEB SITE (SITE). WE ASK THAT YOU READ THE FOLLOWING CONDITIONS OF USE, WHICH CONSTITUTE A LEGAL AGREEMENT THAT COVERS YOUR USE OF THIS SITE AND ANY RELATED SITES, AND SHALL GOVERN ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE OR ANY RELATED SITES, INCLUDING ANY UPLOADING OF MATERIAL (AGREEMENT). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF THE ESP GUITAR COMPANY
The ESP Guitar Company grants you a limited license to access and make personal use of this Site and not to use any of its content for commercial use or modify it, or any portion of it, except as explicitly provided for users by The ESP Guitar Company in the development of your own page on the Site and as limited by this Agreement. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content, product, or service listings; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The ESP Guitar Company or its authorized representative. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The ESP Guitar Company and our affiliates without express written consent of the owner of such images or their authorized representatives. You may not use any meta tags or any other hidden text utilizing The ESP Guitar Company's name or trademarks without the express written consent of The ESP Guitar Company or its authorized representative. Any unauthorized use terminates the permission or license granted by The ESP Guitar Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The ESP Guitar Company or a personal page on the Site so long as the link does not portray The ESP Guitar Company, its affiliates, users of the Site, or The ESP Guitar Company products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The ESP Guitar Company logo or other proprietary graphic or trademark as part of the link without express written permission. Any other use of this Site is prohibited, including, but not limited to, use of this Site to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any harassment or the promotion of harassment against any group or individual;
- any solicitation of information regarding individuals under the age of 18;
- any advertisement, solicitation, spam, chain letter, or other similar type of information;
- any encouragement of illegal activity or commit illegal activities;
- the impersonation of any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or post another person's picture without the person's consent;
- unauthorized use, solicitation, or disclosure of passwords or personally identifiable information of others;
- any pornography, nudity, violence, or offensive subject matter or any link to an adult website; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
- The ESP Guitar Company CONTENT: All information, the organization and the content not posted by users of the Site, including all images, designs, photographs, writings, data, and other materials (The ESP Guitar Company Content) are the property of The ESP Guitar Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. This material shall not be used for any purpose other than as authorized in this Agreement or by the written consent of The ESP Guitar Company or its authorized representative. You must retain all copyright and other proprietary notices on all copies of the The ESP Guitar Company Content. You shall comply with all copyright laws worldwide in your use of this Site and prevent unauthorized copying of the The ESP Guitar Company Content. Except as provided in this Agreement, The ESP Guitar Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
- USER CONTENT: The ESP Guitar Company does not claim ownership to the user information, text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, User Content) that you post to the Site or input during any process or registration on this Site. After posting your User Content to the Site, you continue to retain ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. You agree that you have sole responsibility for ensuring that all User Content submitted on or through the Site is compliant with the terms and conditions of this Agreement, and all legal notices or other policies in effect at any given time on this Site. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Content, and The ESP Guitar Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. By posting, inputting, displaying, or publishing any User Content on or through the Site, you hereby grant to The ESP Guitar Company a worldwide, perpetual, royalty-free license to (i) reproduce, store, display, distribute and perform User Content on or through the Site; and (ii) use and analyze the User Content internally in furtherance of The ESP Guitar Company's internal business purposes and the purposes of this Agreement; (iii) create any products or services based on user information and User Content to sell to third parties or to promote the business of The ESP Guitar Company; and (iv) disclose the User Content and related information created by The ESP Guitar Company or for The ESP Guitar Company on an aggregated basis for marketing and business development purposes, including targeting advertisements. You shall agree to indemnify, defend and hold The ESP Guitar Company harmless from and against any claims by you or third parties resulting from The ESP Guitar Company's use of the User Content in accordance with the terms of this Agreement.
DISCLAIMER OF WARRANTY
The information on this Site does not constitute endorsement of a user, the content posted by such user, a particular product, service, supplier or vendor. Listing of a product, service, or entity on this Site is not a warranty by The ESP Guitar Company of the quality or efficacy of care, products or services furnished by a particular vendor, entity or service. You expressly agree that use of this Site is at your sole risk. Neither The ESP Guitar Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, Providers), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the information. The ESP Guitar Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. The ESP Guitar Company may make any other changes to this Site, the The ESP Guitar Company Content, User Content and the products, programs, services, or prices (if any) described in this Site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN AS IS, WHERE IS, AND WHERE AVAILABLE BASIS. The ESP Guitar Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE The ESP Guitar Company OR USER CONTENT, INFORMATION, OR OTHER MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, The ESP Guitar Company EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL INFORMATION POSTED BY USERS IS UNDER THE USERS CONTROL AND The ESP Guitar Company SHALL HAVE NO LIABILITY ASSOCIATED WITH SUCH INFORMATION AND IS UNDER NO OBLIGATION TO REVIEW OR REMOVE SUCH INFORMATION. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT The ESP Guitar Company AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE The ESP Guitar Company CONTENT OR USER CONTENT OR OTHER INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL The ESP Guitar Company OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER The ESP Guitar Company OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless The ESP Guitar Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
INTENDED FOR USERS OVER AGE 18
You must be 18 years of age or older to post information to this Site and purchase any product or service provided by The ESP Guitar Company. While individuals under the age of 18 may utilize the Site, they may do so only with the involvement of a parent or legal guardian. It is assumed that if an individual under the age of 18 is using this Site or purchases products or services on this Site that the individual's parent or legal guardian has agreed to the terms of this Agreement.
TERM AND TERMINATION
Without limiting its other remedies, The ESP Guitar Company may immediately discontinue, suspend, terminate, or block your and any user's access to this Site at any time in our sole discretion.
As a convenience to you, we may provide on this Site links to web sites operated by other entities (collectively the Linked Sites). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, etc.) are not maintained, controlled, or otherwise governed by The ESP Guitar Company. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by The ESP Guitar Company. The ESP Guitar Company does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by The ESP Guitar Company. Links do not imply that The ESP Guitar Company or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of The ESP Guitar Company or any of its affiliates or subsidiaries. Except for links to information authored by The ESP Guitar Company, The ESP Guitar Company is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. The ESP Guitar Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. The ESP Guitar Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Muskegon County, Michigan for any disputes with The ESP Guitar Company arising out of your use of this Site.
This Agreement constitutes the entire agreement between The ESP Guitar Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The ESP Guitar Company with respect to this Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The ESP Guitar Company does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including, but not limited to, any consent you give to receive communications from The ESP Guitar Company solely through electronic transmission. You agree that when you click to use this Site in any manner or you click on an I agree, I consent, or other similarly worded button or entry field with your mouse, keystroke, or other computer device, your agreement or consent to the terms of this Agreement are legally binding and enforceable and the legal equivalent of your handwritten signature.