Acceptance of Terms of Use

These Terms of Use govern your use of the Guitar Affair service and Web site.  By using, visiting, or browsing the Guitar Affair Web site, other than to read these Terms of Use for the first time, you accept and agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you should not use the Guitar Affair Service or Web site.

These Terms of Use are an ongoing contract between you and Guitar Affair and apply to your use of the Guitar Affair service and Web site.  These Terms of Use affect your rights and you should read them carefully.

Privacy

Any personally identifying information submitted to Guitar Affair on the Guitar Affair Web or via email is subject to our Privacy Policy.  Please review our Privacy Policy to understand our policies and procedures. 

Instrument Rentals

Once delivered, instrument rentals are the responsibility of the customer and you are responsible to Guitar Affair for any instrument that is lost or stolen, as well as any damage to the instrument. 

How Guitar Affair Rentals Work

Guitar Affair offers an online music instrument rental service.  Guitar Affair may offer various subscription plans.  Under all plans, guitars are selected at the Guitar Affair Web site, shipped by U.S. Mail, UPS, or other similar service, and returned via pre-paid shipping arrangements with similar services.

Instrument Reservation Request and Acceptance

Completion of the reservation forms on the Guitar Affair Web site constitutes only an application to reserve an instrument.  Your instrument reservation is not confirmed until it has been accepted by Guitar Affair, you have paid the required fees, and you have received a reservation confirmation email.

Guitar Affair reserves the right to reject any reservation request, in our sole and absolute discretion, for any reason.  Common examples of rejection reasons include, but are not limited to, the following:  insufficient data provided, unable to deliver to desired location, and excessive credit or location risk.

Consent to Credit and Background Check

You acknowledge that the Guitar Affair service is a credit transaction.  As part of joining Guitar Affair, we request information including, but not limited to, social security number and drivers license information in order to perform a credit and background check, to the extent deemed necessary at our sole and absolute discretion.  By completing each reservation, you consent to such credit and background checks as Guitar Affair deems necessary, including such checks performed after the loss of an instrument or after an instrument is returned damaged.  Guitar Affair reserves the right to cancel any reservation and to terminate use of the Guitar Affair service based upon the results of a credit or background check.

Delivery Speed and Late Deliveries

Guitar Affair utilizes national delivery services such as the U.S. Postal Service, UPS, Fed-Ex and others to provide efficient and reliable delivery.  Based upon anticipated delivery times, Guitar Affair attempts to provide sufficient lead time to ensure that the instrument arrives precisely on your requested start date.  Delivery times can vary for a variety of reasons beyond Guitar Affair’s control. In the event that your instrument does not arrive on the requested start date, Guitar Affair will rebate the daily rental rate, up to the total cost of the rental.  Delays due to unsuccessful deliveries resulting from the unavailability of signature, inaccurate address information provided by you, or holidays, will not count as late deliveries.

Lost, Stolen, and Damaged Instruments

Once delivered to the specified location, you are responsible for any instrument that is lost or stolen, as well as any damage to the instrument.  You must report shipping damage immediately upon receipt of the instrument to avoid repair or replacement charges.  Instruments that are not shipped on the designated return date will be charged to the credit card you provided and a partial refund will be provided when the instrument arrives, according to our late return policy described herein.

Rental Period and Late Return Fees

Your rental period begins with the later of the start date specified in your reservation or the date that the instrument is delivered to the designated location by the shipper.  Your rental period ends with the later of the end date specified in your reservation or the date that the instrument is picked up by the shipper.  Guitar Affair relies on its customers to return the instruments on the specified date so that future reservation commitments can be fulfilled.  In the event that the instrument is not provided to the shipper on the designated return date, you agree to pay the daily rental rate + a 50% penalty (“Late Fees”) for each day the instrument is late and you authorize Guitar Affair to charge such Late Fees to the credit card that was provided for payment.

Instrument Allocation and Reservation

Guitar Affair lists both specific, individual guitars and guitar types available for rent.  Our goal is to provide you with the exact guitar that you selected in your reservation.  However, due to a variety of circumstances, there are occasions when the selected guitar will not be available for rent.  In these cases, we will contact you at the email address and phone number(s) you provided to offer a replacement instrument to you.  In the event we cannot reach you, we reserve the right, in our sole and absolute discretion, to cancel your reservation and notify you.  If we cancel your reservation, your deposit fee and your rental fee will be refunded to you.  In the event that we cannot provide your requested instrument and we cannot identify a satisfactory replacement instrument, you may cancel your reservation and receive a full refund.  In some cases, replacement instruments you select may require additional charges.

Billing, Charges and Pre-authorizations

When your reservation is accepted, your credit card is authorized for the full amount of the rental fee and shipping fee for the instrument.  In addition, your credit card is authorized for up to the value amount that is shown on the instrument description, but this amount is not charged unless the instrument is not returned, or is returned in a severely damaged condition. 

When the instrument is shipped, your credit card is charged for the deposit amount, which is normally approximately ten (10) to fifteen (15) percent of the instrument’s suggested retail price or current value.  Once the instrument is shipped, the rental fee and shipping fee are non-refundable, unless the instrument is not received solely due to an act of Guitar Affair. 

When the instrument is returned to Guitar Affair undamaged, the deposit amount is refunded on your credit card.

Cancellations

If you cancel a reservation prior to shipment, the rental fee and shipping fee will not be charged to your credit card, less a $50 cancellation fee.  Cancellation fees are not refundable because Guitar Affair has reserved an instrument in your name for some period of time, precluding others from reserving it.

If Guitar Affair cancels your reservation for any reason, your rental fee and shipping fee will not be charged to your credit card and no cancellation fee will be charged.

We do not provide any refunds or credits for partial cancellations (e.g. shortening the length of a rental period).

Registration, Account Access; Identity Protection

Guitar Affair requires you to enter certain information in order to access specific services or areas of the web site.  If you elect to provide information to access these services or areas, you agree to provide accurate and complete information about yourself and to maintain and update such information so that it remains accurate and complete following your initial registration. 

In order to provide you with ease of access to your account, and to provide a superior user experience, Guitar Affair will place a cookie (a small text file) on any computer from which you access the Guitar Affair Web site and log in to your account.  When you revisit the Guitar Affair Web site, the cookie will enable us to recognize you as the account owner and provide you with direct access to your account without requiring you to retype any account information.  You may be required to retype account information related to transactions that incur credit card charges or modify an existing reservation.  You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.  ANY FAILED RESERVATIONS DUE TO INNACURATE DATA RELATED TO YOUR ACCOUNT WILL RESULT IN THE LOSS OF YOUR RENTAL FEE AND SHIPPING FEE.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device.  You may choose to share your account with other people by providing them your password.  However, if you decide to share your account with other people, you take full responsibility for their actions.  Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Guitar Affair Web site.

If you find that you’re a victim of identity theft, or that your account has been compromised, you should notify Guitar Affair customer service immediately.  In the case of identity theft, you also should report this instance to all of your credit card issuers, as well as your local law enforcement agency.  Guitar Affair reserves the right to place any account on hold at any time, with or without notification to the subscriber, in order to protect itself and its partners from what it believes to be fraudulent or damaging activity.  Guitar Affair is not obligated to credit or discount any transactions that occur due to fraudulent activity, or any charges or costs associated with placing an account on hold.

Disclaimers of Warranties and Limitations on Liability

The Guitar Affair service and Web site and its contents are provided “as is” and we make no representations or warranties of any kind with respect to the Guitar Affair Web site, its contents or our service.  We assume no liability or responsibility for any errors or omissions in the content of the Guitar Affair site, any failures, delays, or interruptions in the shipment of instruments, delivery of any content contained on the Guitar Affair Web site, any losses or damages arising from the use of the content provided on the Guitar Affair Web site or the Guitar Affair service, or any conduct by users of the Guitar Affair service or Web site, other than those specifically identified in this Terms of Use.  We reserve the right to ship instruments in our sole and absolute discretion.  We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement.  In addition, we do not represent or warrant that the information accessible via our site is accurate, complete, or current.

In no event shall Guitar Affair, Inc., it shareholders, directors, officers, or employees liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Guitar Affair Web site, its contents, or the Guitar Affair service.  If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Sales from Guitar Affair Store

Content and Pricing Accuracy

Information such as product descriptions, pricing, specifications, etc. change frequently and without notice.  Guitar Affair does not warrant the accuracy or completeness of the information provided on the Site.  While the information on the Site is updated regularly, it may not be complete and accurate at the precise moment when you view it and may contain inaccuracies.  In no event shall Guitar Affair be liable to you in any manner whatsoever for any decision made by you, or for any act of failure to act by you, in reliance upon information provided by this Site, including any electronic or written correspondence sent from Guitar Affair to you.  If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Guitar Affair and receive a refund of your Purchase Price.

Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page.  Prices are frequently updated to adjust for different sales, limited pricing, members pricing, discontinuation pricing and other discounting.  Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices.  Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by executing a transaction.  Occasionally, items on our web site may be priced incorrectly.  If an item’s price is actually lower than the price stated on the Site, we will charge the lower price and ship the item to you.  If an item’s price is actually higher than the price stated on the Site, we will contact you regarding the error for instructions before shipping the item.  In the event we cannot reach you within 3 business days, we may, at our discretion, cancel the order and notify you of such cancellation.

Member Credits

Full members, who pay the required membership fee, will receive member credits for the purchase of certain items from the Site.  These credits can be used toward the purchase of other items from the Site at any time.  Member Credits expire one year after being earned.  In no event are you entitled to any reimbursement for member credits, even if your account is being cancelled at Guitar Affair’s discretion for any purpose.

Intellectual Property

Copyright

All content included on the Guitar Affair Web site and delivered to subscribers as part of the service, including training materials (DVDs, CDs, text), text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Guitar Affair, Inc., or its suppliers and is protected by United States and international copyright laws.  The compilation of all content on the Guitar Affair Web site is the exclusive property of Guitar Affair, Inc., and protected by U.S. and international copyright laws.  Content shall not be reproduced or used without express written permission from Guitar Affair, Inc., or its suppliers.  You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Guitar Affair Web site, not to insert any code or product or manipulate the content of the Guitar Affair Web site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.  Guitar Affair reserves the right to terminate your use and membership of the Guitar Affair service hereunder if Guitar Affair, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of training materials rented to you by Guitar Affair or the copying of or unauthorized use of our proprietary content.  Guitar Affair does not promote, foster or condone the copying of commercial use.

Trademarks

Guitar Affair is a registered trademark of Guitar Affair, Inc.  The Guitar Affair logo, GuitarAffair.com, and RoadTrip Package are trademarks or service marks of Guitar Affair, Inc.  The Guitar Affair Web site, including but not limited to its graphics, logos, page headers, buttons icons, scripts, photographs and service names constitute trade dress of Guitar Affair, Inc.  The trademarks, service marks, and trade dress of Guitar Affair may not be used or reproduced without prior written permission from Guitar Affair, Inc. and may not be used in connection with any product or service that is not affiliated with Guitar Affair, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Guitar Affair, or in any manner that disparages or discredits Guitar Affair.  Logos and trademarks of other companies, such as USPS, UPS, guitar manufacturers, effect manufacturers, etc. that appear on the Guitar Affair web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Guitar Affair.  Any images of persons or personalities contained on the Guitar Affair Web site are not an indication of endorsement of Guitar Affair or any particular product or our service unless otherwise indicated.

Web Site Content

We reserve the right to display and promote musical instruments and related products, or other information on the Guitar Affair Web site, to you in any manner we choose in our sole and absolute discretion.  In addition, the Web site may allow you and other third parties to post reviews or comments concerning instruments and other items distributed by us, or the web site may display comments made by others elsewhere.  Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Guitar Affair Web site are those of respective authors or producers and not of Guitar Affair, Inc., or its shareholders, directors, officers, or employees.  Any descriptions, statements, photographs, or other materials related to our instruments or other items are provided on an “as is” basis, without any representation or expectation that you will agree with such descriptions and statements.  Under no circumstances shall Guitar Affair, Inc. or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance of information obtained through the Guitar Affair Web site.  It is your responsibility to evaluate the information, opinion, advice, or other content available through the Guitar Affair Web site.  Guitar Affair reserves the right to remove any content that it believes, in its sole and absolute discretion, if offensive, objectionably, untrue, or inaccurate.

Use of Information Submitted

Guitar Affair, Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Guitar Affair (“User Provided Content”), including, without limitation, responses to questionnaires or through postings to the Guitar Affair Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Guitar Affair Web site or other Web sites.  Furthermore, by posting any User Provided Content on our site, submitting User Provided Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Guitar Affair does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Guitar Affair.  Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Guitar Affair and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Communications

By using the Guitar Affair service, you consent to receiving electronic and telephonic communications from Guitar Affair related to any active or completed reservation, sale, or other transaction.  The communications will include, but not be limited to, notices about your account, shipping and receiving events, reservation changes, instrument status, and order status.  You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

From time to time, Guitar Affair will offer opt-in communications mechanisms to which you may or may not choose to subscribe.  Guitar Affair will use commercially reasonable efforts to ensure that you do not receive communications to which you did not opt-in.

Your Conduct on the Guitar Affair Web Site

By accessing the Guitar Affair Web site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Guitar Affair Web site.  You also agree not to interfere with the servers or networks connected to the Guitar Affair Web site or to violate any of the procedures, policies or regulations of networks connected to the Guitar Affair Web site, the terms of which are incorporated herein.  You also agree not to impersonate any other person while using the Guitar Affair Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Guitar Affair Web site or service for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to utilize the Guitar Affair service.  Unless otherwise specified, the content on the Guitar Affair Web site is for your personal and non-commercial use and we grant you a limited license to access the Guitar Affair Web site for that purpose.  You may not download (other than through page cashing necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Guitar Affair Web site without our express written consent.  Guitar Affair does not promote, foster or condone the copying of DVDs, CDs, books, or any other infringing activity.  Any unauthorized use of the Guitar Affair Web site or its contents will terminate the limited license granted by Guitar Affair, Inc.

Right to Terminate

We reserve the right to terminate or restrict your use of the Guitar Affair service, without notice, for any reason whatsoever.

Links

Some of the hyperlinks and banners on the Guitar Affair Web site may lead to other Web sites that are not controlled by, or affiliated with, Guitar Affair, Inc.  In addition, other web sites may link to the Guitar Affair Web site.  Guitar Affair has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Governing Law

You agree that the rights and obligations of the parties and all interpretations of this Terms of Service shall be governed by and construed in accordance with the laws of the State of Virginia, USA, without regard to conflicts of laws principles.  Both you and us agree that the provisions of the United Nations Convention on Contracts for the international Sale of Goods do not apply to these Terms of Use.  Both you and us irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the State of Virginia, USA, and all courts competent to hear appeals therefrom.

Updated March 08, 2008