Terms of Service
Acceptance of Terms and Conditions
Welcome to the Learn To Pick web site (www.LearnToPick.com, the "Site"), owned and operated by Jeffery Smith dba Learn to Pick. ("LTP"). Subject to the following Terms of Service ("TOS"), LTP provides users of the Site with access to a collection of guitar lessons, guitar and guitar-playing resources, and forums of users and subscribers (the "Services"). LTP reserves the right to amend these TOS from time to time and at any time. The most current version of the TOS posted at www.Learntopick.com/ shall control, and users are responsible for reviewing the TOS to ensure knowledge of such modifications. Use of the Services by a user shall constitute that user's acceptance of these Terms of Service.
Reservation of Rights
LTP reserves the right to terminate and/or cancel users' access to the site at any time for any reason.
Intellectual Property Notices
LTP and the Learntopick.com logo are trademarks of Jeffery Smith dba Learn to Pick. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. LTP, any other instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. LTP will pursue legal action against anyone who misappropriates its name or content for commercial use. Any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from LTP to do so. This notice constitutes fair warning.
You agree to not use the Services: * to upload, post, email, transmit or otherwise make available (A) any content that you do not have a right to make available; (B) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (C) any unsolicited or unauthorized advertising or promotional materials; or (D) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or * to intentionally or unintentionally violate any applicable local, state, national or international law.
Print and Download Restrictions
The Site may at times contain proprietary and original material licensed from Third Parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. LTP is obliged under such licenses to disable the user's ability to download and/or print such content. Any attempt by users and subscribers to circumvent these restrictions is a violation of this TOS agreement and may result in termination of service and appropriate legal action.
LTP welcomes links to its www.learntopick.com web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by LTP.
LTP often links to web sites that are not under its control. LTP is not responsible for the contents of any linked site or any link contained in a linked site. LTP provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by LTP.
Users should assume that any and all products, services, or other websites reviewed and recommended by LTP are compensating LTP in some way for said review or promotion.
Dissemination, Discontinuance or Modification
LTP may discontinue disseminating the lessons at any time. LTP may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. LTP, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or content.
Please read this Disclaimer carefully before using any of the Services of this web site.
You understand and agree that the Services available on the site are provided on an "as-is" and "as available" basis. LTP hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which LTP provides the Services.
You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.
LTP will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.
Limitation on Liability
Under no circumstances shall LTP be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or received, including but not limited to damages for lost profits, even if LTP has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
This TOS constitutes the entire agreement between you and LTP and shall govern your use of the site and its Services, superseding any prior agreements between you and LTP.
This TOS and the relationship between you and LTP shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and LTP irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Riverside, California.
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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.