The Terms and Conditions encompasses both the End User License Agreement the Return and Refund Policy.
OWNERSHIP OF DIGITAL MEDIA
USER acknowledges and agrees that all of the Guitar-Music-Theory.com (GMT) content is subject to this Agreement and owned exclusively by Desi Serna. USER agrees that the price paid for membership constitutes the rights set forth in this Agreement.
USER may not transfer, sell, distribute or otherwise disseminate the GMT content, without the prior written consent of Desi Serna.
USE OF THE SERVICE
In using the members area, you agree to obey all local, state and federal laws. You may not use the Service in any way: 1) that harms our affiliates, resellers, distributors, and/or vendors (collectively, the “Desi Serna Parties”), or any other customer of an Desi Serna Party; 2) to modify or reroute, or attempt to modify or reroute the Service; to damage, disable, overburden, or impair the Service (or the network connected to the Service), or interfere with anyone’s use of the Service; 3) to resell or redistribute the Service, or any part of the Service without express written consent of Desi Serna.
TERM AND TERMINATION
This Agreement will become effective upon the date that USER acquires the GMT content and shall remain in full force and effect for one (1) year. USER may terminate this Agreement at any time by removing the GMT content from any device containing a copy of the GMT content and either (1) returning the GMT content and all original documentation to Desi Serna or (2) destroying the original GMT content and all copies and informing Desi Serna in writing that the GMT content has been destroyed. This Agreement and USER’S rights pursuant to this license will terminate automatically without notice from Desi Serna if USER fails to comply with any provision of the Agreement. Upon termination for any reason, USER agrees to destroy or purge all copies of the GMT content and accompanying original materials. Prior to each anniversary of purchase of the GMT content by the USER, Desi Serna will automatically charge USER’S payment information on file unless the USER has already renewed for that subscription period. If the USER opts to cancel the renewal subscription, Desi Serna will then terminate this Agreement and cancel the USER’s account.
LIMITATION OF LIABILITY
USER AGREES THAT IN NO EVENT SHALL Desi Serna, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING ANY CAUSED BY NEGLIGENCE), LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF Desi Serna OR ITS AFFILIATES ARE ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, USER AGREES THAT IN NO EVENT SHALL THE LIABILITY OF Desi Serna, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE GMT content AND/OR THIS LICENSE.
EXPORT LAW ASSURANCES
USER may not use or otherwise export or re-export the GMT content except as authorized by United States and International Law. In particular, but without limitation, the GMT content may not be exported or re-exported (i) into (or to a national or resident of) any country subject to a United States embargo or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the GMT content, USER represents and warrants that USER is not located in, under control of, or a national or resident of any such country on any such list. In the event that Desi Serna receives information that the GMT content has been transferred to or is being used by an unauthorized third party, then Desi Serna shall have the right to automatically and at their discretion terminate this Agreement and the rights associated herein.
GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of Tennessee, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. USER and Desi Serna agree to submit to the exclusive personal jurisdiction, subject matter jurisdiction and venue of the County of Cook, State of Tennessee, USA. Any and all disputes concerning the GMT content, this Agreement or any other matter between the USER and Desi Serna stemming from the GMT content or this Agreement shall be decided by a Court of competent Jurisdiction located within the County of Williamson, State of Tennessee, USA.
UPDATES TO THIS AGREEMENT
Desi Serna reserves the right to change this Agreement at any time by publishing the revised Agreement on the Desi Serna websites. The revised Agreement shall become effective within thirty (30) days of such publication, unless USER expressly accepts the revised Agreement earlier by agreeing to the revised Agreement. USER’s express acceptance or USER’s continued use of the GMT content after expiry of the notice period of thirty (30) days, shall constitute USER’s acceptance to be bound by the terms and conditions of the updated Agreement. Desi Serna reserves the right to change any element of this Agreement from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the Desi Serna website (unless USER expressly accepts the revised terms earlier), or within the timeframe set out in the applicable terms, if different.
This Agreement constitutes the entire agreement between the USER and Desi Serna with respect to the use of the GMT content and supersedes all prior or contemporaneous understandings regarding such subject matter. Desi Serna reserves the right to modify this agreement, without notice, at any time. No amendment to or modification of this Agreement will be binding unless in writing and signed by Desi Serna. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, invalid, or illegal, the remainder of this Agreement shall continue in full force and effect and the parties will amend this Agreement to give effect to the stricken clause to the maximum extent possible.
OTHER TERMS AND CONDITIONS OF USE
USER agrees that the installation and use of the GMT content will be in accordance with all local, state and federal laws governing the monitoring of device activity and usage.
USER agrees to install this GMT content ONLY on a device that is owned by the USER or on a device which USER has been given explicit permission by the device owner for such installation. USER agrees NOT install this GMT content on any device that is not owned by USER on any device that USER has not been given explicit permission for such installation.
USER acknowledges that it is prohibited and against the terms of this Agreement NOT to inform any third party that the device they are using is installed with the GMT content and that their usage is subject to monitoring and recording.
If our product does not perform as advertised, please notify us within 72 hours of purchase. Our customer support staff is available 6 days a week, and we will do our very best to make sure the product performs properly. Assuming you have notified us within 72 hours of purchase, if we are unable to resolve the issue within 7 days of you notifying us, we will refund your purchase price in FULL. Please note that you must provide us reasonable access to resolve your issue and we do not provide refunds for simply changing your mind.
Violation of the Company’s Terms and Conditions void the Return and Refund Policy. Once your refund has been processed, your Guitar-Music-Theory.com account will be disabled and future retrieval of data will be unavailable for your account.
Please complete the following steps:
1. Please submit a request for a refund.
So that we can make improvements to our products/services, we ask kindly that you please include the reason for the refund request.
2. You’ll be notified by our Customer Support department when your refund request has been opened and we ask that you reply timely to Customer Support requests so that they can resolve this issue timely.
Please allow up to 7 business days to solve any refund issue.