Terms of Use

Last Updated: October 28, 2023

Purpose

These Terms of Use are applicable to Kendall Guitar Works ("Company") and set out the terms for your acceptable use of this site ("Site") and our other sites (collectively "Sites").

There may be links from our Sites to other web sites; note that these Terms of Use apply only to our Sites and not to web sites of other companies or organizations to which our Sites may be linked. You must check on any linked sites for the Terms of Use that apply to that site and/or make any necessary inquiries in respect of those Terms of Use with the operator of the linked site. These links to third party websites are provided as a convenience and are for informational purposes only. The Company is not responsible for these linked websites.

Your use of our Sites signifies your acknowledgement and consent to these Terms of Use. If you do not agree to these Terms of Use, please do not continue to use our Sites. Your continued use of the Sites signifies your acceptance of these terms and any changes in effect at the time of use.

Ownership of Site Content

The Company owns all intellectual property rights, including without limitation copyright and trademark rights, in all materials on or comprising the Site ("Content"), including, without limitation, all written, audio visual or other materials and graphical elements on the Site.

The Company grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Site, subject to the following conditions: they must be used or reproduced accurately, without any modification; they must identify the Company as the source; they must be used solely for non-commercial purposes; and a copyright notice must appear on every copy in the following form: "© Kendall Guitar Works. All rights reserved".

The express, prior, written permission of the Company is required for the use of any Content that is not included in the license above, such as any graphical elements or Site code, and/or for the use of Content for any purpose whatsoever not expressly permitted above, such as for any commercial purpose.

The Company logos are trade-marks of the Company, and may not be used without the express written permission of the Company.

Disclaimer

Your use of the Site is entirely at your own risk. The Site and Content is provided "as is" and without warranties or conditions of any kind, either expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. The Company does not warrant that the Site or Content contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.

Without limiting the foregoing, the Company does not warrant or make any representation regarding use, the ability to use, or the result of use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. The Company may make changes or improvements to the Content or the Site at any time. The Company makes no warranties that your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

Limitation of Liability

The Company, its employees, agents, officers and directors will not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (I) errors or omissions in Content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our Sites, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Sites by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our Sites. This limitation of liability applies regardless of the legal theory giving rise to the damages, and even if cira has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that the Company, its employees, agents, officers and directors shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from: (I) your use of and access to our Sites; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of our Sites. In such a case, the Company will provide you with written notice of such claim, suit or action.

Miscellaneous

You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Site, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Site is physically maintained and operated by the Company from the Province of Ontario.

You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.

These Terms constitute the entire agreement between you and the Company with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.

Policy Change

If we alter our Terms of Use, any changes will be posted on this page of our Site. You are bound by such changes by continuing to use or visit the Site after they are posted online.

Acceptance of Our Terms of Use

By using this Site or other Company Sites, you signify your acceptance of our Terms of Use.