Terms of Use

Introduction.

Musician's Toolshed (“MT” or “we”), owned by Designs by Hines operates musicianstoolshed.com, an on-line platform that allows Members to subscribe to MT’s newsletter, browse and purchase various digital and physical good, and read and comment on various blog posts related to music and production. Musicianstoolshed.com includes all services offered by or in connection with the website. Musicianstoolshed.com is hosted in the United States.

This Terms of Use Agreement (“Agreement”), which may be modified at any time, constitutes legally binding terms and applies to your use of musicianstoolshed.com. By using the functionalities (“Functionalities”) of musicianstoolshed.com, by either purchasing goods or subscribing to MT’s newsletter, you agree to be bound by the terms of this agreement. Further, you are authorized to use musicianstoolshed.com only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”).

MT reserves the right to modify this Agreement at any time and will do so from time to time. Each modification shall be effective upon posting to musicianstoolshed.com. All material modifications will apply prospectively only. Notifications of modifications to this Agreement shall be posted on the home page of musicianstoolshed.com and a notification email shall be sent to all newsletter subscribers regarding modifications to this Agreement. The continued use of the Functionalities after receiving notification of modification of this Agreement constitutes assent to be bound by this Agreement.

  1. Eligibility.

Use of musicianstoolshed.com is void where prohibited. By using musicianstoolshed.com, you represent and warrant that:

(a) all registration information you submit is truthful and accurate;

(b) you will maintain the information’s accuracy;

(c) you are 18 years of age or older; and

(d) your use of musicianstoolshed.com does not violate any Applicable Law.

Your subscription to musicianstoolshed.com may be terminated without warning if we believe that you are under 18 years of age.

  1. Duration.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Functionalities of musicianstoolshed.com. You may terminate your subscription at any time, for any reason, by following the posted instructions. MT may terminate your subscription at any time, for any or no reason, without prior notice or explanation, and without liability.

  1. Fees.

You acknowledge that MT reserves the right to charge for any portion of musicianstoolshed.com and to change its fees (if any) from time to time in its discretion.

  1. Users.

Musicianstoolshed.com is for the personal uses of “Users” who wish to read blog posts related to music, possibly comment on those blog posts, and purchase products through musicianstoolshed.com. “Users” refers to people who access musicianstoolshed.com. musicianstoolshed.com may only be used for direct commercial purposes if those purposes are specifically endorsed or authorized by MT. MT reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of musicianstoolshed.com, including, without limitation, collecting usernames, user ID numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited Messages or unauthorized framing of or linking to musicianstoolshed.com, or employing third-party promotional sites or software to promote accounts for money, is prohibited. MT reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of musicianstoolshed.com.

  1. Payment Processing Information.

MT utilizes PayPal’s payment processing system as a third-party payment processor for the purchase of goods on musicianstoolshed.com. Please consult PayPal’s terms of use and privacy policy as any payment information is subject to PayPal’s terms of use and privacy policy.

  1. Proprietary Rights in Other’s Content on musicianstoolshed.com.

6.1 MT owns and retains all rights in its Content and musicianstoolshed.com. Copyright, trademark, and other laws protect the Content. MT hereby grants you a limited, revocable, nonsublicensable license to reproduce and display MT’s Content (excluding any software code) solely for your personal use in connection with viewing and using musicianstoolshed.com.

6.2 musicianstoolshed.com contains Content of Users and other MT licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, display, sell or otherwise use any Content appearing on or in connection with musicianstoolshed.com.

  1. Technical Use of Content.

MT performs technical functions necessary to operate musicianstoolshed.com, including, but not limited to, the technical processing and transmission of Messages, and transcoding and/or reformatting Content to allow its use throughout musicianstoolshed.com.

  1. Notifications from MT.

You agree and acknowledge that MT may send Notifications (including but not limited to notifications of modifications to this Agreement), special offers, promotions, commercial advertisements, and marketing materials in connection with musicianstoolshed.com.

  1. Privacy.

Use of musicianstoolshed.com is also governed by our Privacy Policy.

  1. Disclaimer.

musicianstoolshed.com services are provided “AS IS” and “AS AVAILABLE” and MT EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, OR NONINFRINGEMENT. MT cannot guarantee and does not promise any specific results from use of musicianstoolshed.com. MT also cannot guarantee the accuracy of information posted on musicianstoolshed.com.

  1. Limitation on Liability.

IN NO EVENT SHALL MT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF musicianstoolshed.com, EVEN IF MT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MT FOR USING musicianstoolshed.com. 14. Disputes.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions. You and MT agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or musicianstoolshed.com. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

  1. Indemnity.

You agree to indemnify and hold MT, its parents, subsidiaries, affiliates, subcontractors and other partners, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of your use of musicianstoolshed.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or in connection with musicianstoolshed.com.

  1. Medical Disclosure.

All content on musicianstoolshed.com are our own personal views and opinions. MT does not claim to be a medical professional and does not know your personal health history. The information posted on this site is offered as opinion only and not intended to substitute an informed medical opinion. Do not use this information to diagnose or treat a health problem or disease without consulting with a qualified health care provider. A consultation with your health care professional is the proper method to address your health concerns. Use your own best judgment before trying any exercises.

  1. Other.

This Agreement is accepted upon your use of the Functionalities of musicianstoolshed.com. Your agreement with MT will always include this Agreement at a minimum.

The failure of MT to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

To contact us with any questions or concerns about this Agreement, please contact MT at using the “Contact” page found at musicianstoolshed.com/contact.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.