TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AS WELL AS ANY APPLICABLE LAWS.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND/OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE.

Copyright and License

The Whole Tone Guitars web site, at www.wholetoneguitars.com (the "Site"), is a copyrighted work belonging to Whole Tone Guitars, LLC ("Whole Tone Guitars ").  Whole Tone Guitars grants you the right to view the contents of the Site and create copies of the contents of the Site only for non-commercial use and in accordance with, and consistent with, individual consumer browsing and retail purchasing behavior. You are NOT granted the right to reproduce, distribute, modify, display or transmit any images, descriptions, logos, text, or any other contents of the Site, for any other use, commercial or otherwise, without expressed written consent of Whole Tone Guitars. Your right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below.

Trademarks

The entire contents of the Site is the property of Whole Tone Guitars and are subject to all applicable United States Copyright, Service Mark, Trademark and Trade Name laws.

Modifications and Accuracy

Whole Tone Guitars reserves the right at any time to modify, discontinue, temporarily or permanently, the Site or any part or product thereof with or without notice. You agree that Whole Tone Guitars will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Because of the dynamic nature of the Music Instrument industry, prices listed on the site may change without notice, including after you place your order. The reason prices may differ from the amount you were granted in your shopping cart include, but are not limited to, manufacturer price changes, typographical and data entry errors and software and/or computer malfunction. Whole Tone Guitars reserves the right, at its sole discretion, to cancel any purchase, or portion thereof, at which time a refund in the amount charged, if applicable, will be granted.

Whole Tone Guitars does not guarantee the accuracy of product images and descriptions presented on the Site. Furthermore, the product images on the Site may not have been created from the actual item you receive.

Please see our Shipping and Returns policy for information related to the terms of returning products.

Warranty Disclaimer

All contents of the Site are provided "as is" and without warranties of any kind, whether express or implied. Whole Tone Guitars disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Whole Tone Guitars does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Whole Tone Guitars does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

In no event shall Whole Tone Guitars be liable for any unique or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Whole Tone Guitars has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Whole Tone Guitars, its officers, directors, employees, agents, licensors, suppliers and other related affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account, including negligent or wrongful conduct by you or any other entity accessing the site using your Internet account or your Whole Tone Guitars account.

Site Use

Whole Tone Guitars reserves the right to deny access to portions of the Site at any time for violations of the provisions set forth in these Terms of Use, including:

  • Any form of harassment, abusive language, threatening behavior or comments, made vie email, chat, telephone or other form of communication.
  • Any misrepresentation of identity, intentions, information or other purpose.
  • Unauthorized use of the site for any non-private, non-commercial use, or any use of the Site deemed, at Whole Tone Guitars’ sole discretion, detrimental to the interests of Whole Tone Guitars.
  • Any attempt to upload or distribute, via any portion of the Site, unlawful, libelous, obscene, threatening, abusive or otherwise rights-violating images, text, data, code or information. Commercial solicitation is prohibited in any and all forms on the Site.

General

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of Connecticut as those laws are applied to contracts entered into and to be performed entirely in Connecticut, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Hartford County, Connecticut, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.

Updates and Notice

Whole Tone Guitars may at any time revise these Terms of Use by updating this page of the Site. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to view the most current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Whole Tone Guitars may notify you by means of the information you provided on the Site.

If you have any questions about these Terms and Conditions, you may contact Whole Tone Guitars at:

Whole Tone Guitars, LLC
2333 Main Street Suite 7
Glastonbury, CT 06033
(860) 430-5602