Registration and Account Creation.
The Site may allow you to register and create an account ("Account") in order to access certain content on the Site or to purchase products or services on the Site. If you create an Account, you agree to provide accurate and complete information about yourself and to maintain and update such information, so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be grounds for us to suspend or terminate your Account.
You are responsible for maintaining the confidentiality of your Account log-in and password information and for any activities that occur through your Account. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.
Users. Destroy All Guitars is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”), as well as applicable contract law. Accordingly, Destroy All Guitars’ services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Destroy All Guitars may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Destroy All Guitars services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the user and is responsible for any and all activities.
We own our trade names, trademarks, service marks and any associated logos. All trademarks, trade names, service marks and logos on the Website not owned by us are the property of their respective owners. You may not use our trade names, trademarks service marks or logos in connection with any product or service that is not ours in any manner that is likely to cause confusion. Nothing contained on the Website shall be construed as granting any license or right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
Links to Other Websites. If you see or use any links or conduits on the Site which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that Destroy All Guitars is associated with or has endorsed, reviewed or even knows anything about that website or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside the Site, even if a link on the Site allowed you to do so. When you leave the Site, you should confirm the terms and conditions, privacy and other policies that apply to you, as Destroy All Guitars neither controls, nor has any responsibility for any third-party sites (unless they are expressly owned by us), their practices, or anything associated with their operations.
DISCLAIMER OF WARRANTIES. DESTROY ALL GUITARS PROVIDES ALL SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SERVICES. THE SERVICES ARE PROVIDED WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED AVAILABILITY. IF THE SERVICES ARE INTERRUPTED OR DELAYED, DESTROY ALL GUITARS’ SOLE OBLIGATION WILL BE TO RESTORE OR PROVIDE SUCH SERVICES AS SOON AS PRACTICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESTROY ALL GUITARS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, DESTROY ALL GUITARS MAKES NO GUARANTEES WITH RESPECT TO THE PERFORMANCE OF ANY PRODUCT OR SERVICE.
Applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
While we try to maintain the security of the Website, we do not guarantee that it will be secure or that any use of the Website will be uninterrupted. Information on the Website may occasionally be inaccurate, incomplete or out of date.
LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESTROY ALL GUITARS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO DESTROY ALL GUITARS FOR THE SERVICES PURCHASED HEREUNDER. WITHOUT LIMITING THE FOREGOING, DESTROY ALL GUITARS IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN THE WEBSITE, BLOGS OR ON SOCIAL MEDIA, OR ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF CLIENT DATA. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY APPLICATIONS OR RESOURCES THAT YOU USE IN CONJUNCTION WITH THESE SERVICES.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES TO YOU.