Terms of Service and Policies

Acceptance of Terms

Welcome to Green Hills Guitar Studio, GHGS (“Web site”), which is published and maintained by Green Hills Guitar Studio. Green Hills Guitar Studio provides its service to users of the Web site (“you”), subject to the following Terms of Use (“TOU”), which may be updated by Green Hills Guitar Studio from time to time without notice to you. Please read these Terms of Use (“Agreement”) and Privacy Policy carefully before using. Your use of the Web site is subject to your acceptance of this Agreement, and when you access, browse, or use this Web site, you accept, without limitation or qualification, the TOU Agreement as if you had signed it. Also, when using particular Green Hills Guitar Studio services, you and Green Hills Guitar Studio are subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

Restrictions on Use

Any materials posted on the Web site that you copy, print, or download are licensed to you by Green Hills Guitar Studio for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web site, use of the Web site, or access to the Web site. Green Hills Guitar Studio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice. You agree that Green Hills Guitar Studio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Sharing with Nonaffiliated Third Parties

Because Green Hills Guitar Studio values all customer relationships, it will not disclose customers’ nonpublic personal information to nonaffiliated third parties, except as described in this policy or as otherwise permitted by law. We DO NOT allow any email harvesting. If you feel you have been contacted in error by a party other than Green Hills Guitar Studio, please contact GHGS at [email protected]

Public Communication and Forum Conduct

You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively “Content”) that you upload, post, email, transmit or otherwise make available on the Web site. Green Hills Guitar Studio does not control the Content posted by you or others on the Web site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Green Hills Guitar Studio will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Web site. You agree that you, or any Content you submit, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, a Green Hills Guitar Studio official, forum leader, instructor, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party: contain 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; disrupt the normal flow of dialogue; interfere with or disrupt the Web site or any servers or networks connected to the Web site, “stalk” or otherwise harass another person or entity; or collect or store personal data about other users. We do not pre-screen Content, and have no obligation to do so, but you acknowledge that we reserve the right, in our sole discretion to refuse or move any Content that is available via the Web site. Without limiting the foregoing, Green Hills Guitar Studio and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You acknowledge and agree that Green Hills Guitar Studio may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Green Hills Guitar Studio, its users and the public.

Harassment or Intimidation

Sending of abusive or unwanted material causing the work or Green Hills Guitar Studio experience of others to be disrupted is a violation of policies, may violate the law, and is unacceptable. Targeting another person or organization to cause distress, embarrassment, injury, unwanted attention, or other substantial discomfort is harassment, which is prohibited. Personal attacks or other action to threaten or intimidate or embarrass an individual, group, or organization; or attacks based on a person’s race, national origin, ethnicity, handicap, religion, gender, veteran status, sexual orientation, or another such characteristic or affiliation are prohibited.

Content Submitted or Made Available for Inclusion on the Web Site

Green Hills Guitar Studio does not claim ownership of Content you submit or make available for inclusion on the Web site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Web site, you grant Green Hills Guitar Studio an irrevocable, royalty-free, nonexclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, in all languages, and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Web site are those areas of the Web site that are intended by Green Hills Guitar Studio to be available to the general public. By way of example, publicly accessible areas of the Web site would include Green Hills Guitar Studio Discussion Boards and portions of the Web site that are open to both members and visitors. However, publicly accessible areas of the Web site would not include portions that are limited to members, or enrolled distance education students, Green Hills Guitar Studio online services intended for private communication such as Green Hills Guitar Studio email, or areas off of the Green Hills Guitar Studio network of properties such as portions of World Wide Web sites that are accessible through the Web site but are not hosted or served by Green Hills Guitar Studio.

License

You acknowledge and agree that the Website and any necessary software used in connection with the Website (“Software”), as well as all course materials and content provided by Green Hills Guitar Studio, Green Hills Guitar Studio instructors, and/or third parties for the Green Hills Guitar Studio online courses (the “Course Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website, Course Content, or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Course Content, or the Software, in whole or in part.

Green Hills Guitar Studio grants you a personal, non-transferable and non-exclusive right and license to use the object code version of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web site, or any portion of the Web site. You agree not to access the Web site by any means other than through the interface that is provided by Green Hills Guitar Studio for use in accessing the Web site.

Indemnity

You agree to indemnify and hold Green Hills Guitar Studio, and its directors, trustees, officers, employees, agents, affiliates, and cobranders, or other partners, and other users, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Web site, your use of the Web site, your connection to the Web site, your violation of the TOU, or your violation of any rights of any third party.

Dealings With Third Parties

Your correspondence or business dealings with, or participation in promotions of, third parties (companies, jobs, gigs, music teachers and other users) found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Green Hills Guitar Studio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web site.

Links

The Web site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Green Hills Guitar Studio has no control over such sites and resources, you acknowledge and agree that Green Hills Guitar Studio is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Green Hills Guitar Studio 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

SUBSCRIPTION – AUTOMATIC RENEWAL AND CANCELLATION POLICIES.

If you are a subscriber, you agree that your subscription shall renew automatically, and that you authorize automatic renewal of your subscription until it is cancelled. You can cancel the automatic renewal of your subscription at any time. To do so, contact us using any of the methods described at www.guitartricks.com/ contact.php and provide your account username or account email address. Your account will be canceled within two (2) business days of receipt and acceptance of your cancellation. Company will refund any payment made within sixty (60) days of the payment date.

USERNAME/PASSWORD PROTECTION.

Upon registering, you will either choose or be given a username and password that will permit you to access the appropriate level of services for the Site. You agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. You further agree to be the sole user of your username/password and the Services, and to promptly notify Company if this is not the case.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Green Hills Guitar Studio EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • Green Hills Guitar Studio MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL LEAD TO EMPLOYMENT OR GIGS (iii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Green Hills Guitar Studio OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Green Hills Guitar Studio SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Green Hills Guitar Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ONLINE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ONLINE SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination

You agree that Green Hills Guitar Studio, in its sole discretion and without prior notice to you, may terminate your registered account (or any part thereof) or use of the Web site, and remove and discard any Content within the Web site, for any reason, including, without limitation, for lack of use or if Green Hills Guitar Studio believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Green Hills Guitar Studio may also in its sole discretion and at any time discontinue providing the Web site, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Green Hills Guitar Studio may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate. Paragraphs 3, 5, 8, 9, 10, 11 and 13 shall survive termination of this Agreement.

Trademark Information

Green Hills Guitar Studio trademarks, logos and product and service names are trademarks of Green Hills Guitar Studio. Without Green Hills Guitar Studio’s prior permission, you agree not to display the above or use in any manner. Copyrights and Copyright Agent Green Hills Guitar Studio respects the intellectual property of others, and we ask our users to do the same. You may notify Green Hills Guitar Studio by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this site:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Designated Agent:

Shane Lamb

4111 Hillsboro Pike,

STE. # 203

Nashville, TN, 37215

Email: [email protected]

General Information

The TOU agreement and any posted operating rules constitute the entire agreement between you and Green Hills Guitar Studio and govern your use of the Web site, superceding any prior agreements between you and Green Hills Guitar Studio with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign your rights under this Agreement to any third party. The TOU and the relationship between you and Green Hills Guitar Studio shall be governed by the laws of the state of TENNESSEE, USA without regard to its conflict of law provisions. You and Green Hills Guitar Studio agree to submit to the personal and exclusive jurisdiction of the courts located within the city of NASHVILLE, TN, USA. The failure of Green Hills Guitar Studio to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.

ARBITRATION.

Should a dispute arise between you and Green Hills Guitar Studio, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non- appearance-based arbitration under the Commercial Rules of Arbitration of the American Arbitration Association conducted in San Francisco, California. The Arbitrator and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NONPERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT. A. No Class Actions. YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. B. Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

GENERAL PROVISIONS

A. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein.

B. Waiver; Severability. A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.

C. Binding Effect. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.

D. Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with Company, or as properly updated, or, in the absence of a valid electronic mail address, via any other method Company may elect in its sole discretion, including, but not limited to, via posting on the Website.

E. Governing Law; Dispute Resolution. This Agreement will be governed and interpreted in accordance with the laws of the State of Tennessee applicable to agreements entered into and to be wholly performed in Tennessee, without regard to conflict of laws principles. Any and all disputes arising out of this Agreement shall be resolved in the manner set forth in Arbitration clause above.

F. Rights Cumulative. To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity.

G. Headings. The titles and headings used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.

H. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

I. Assignment. Company may assign its rights and obligations under this Agreement at any time to any party. You may not assign your rights and/or obligations under this Agreement without obtaining Company’s prior written consent. 18.

ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Violations

Please report any violations of the TOU to: [email protected]