By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and / or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help/FAQ section of the Site.1. LuthierCentral is a Venue
LuthierCentral acts as a venue to allow users who comply with LuthierCentral policies to offer, sell and buy certain goods. LuthierCentral is not directly involved in the transaction between Buyers and Vendors (sellers). As a result, LuthierCentral has no control over the quality, safety, morality or legality of any aspect of the item listings, the truth or accuracy of the listings, the ability of Vendors to sell items or the ability of Buyers to pay for items. LuthierCentral does not pre-screen users beyond confirming their membership to individual role categories, i.e., Master Luthier; Artisan, non-Luthier; Collector; Musician / Performer; Supplier, et al, or the content or information provided by users. LuthierCentral cannot ensure that a Buyer or Vendor will actually complete a transaction.
Consequently, LuthierCentral does not transfer legal ownership of items from the Vendor to the Buyer.
LuthierCentral cannot guarantee the true identity, age, and nationality of a user. LuthierCentral encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. (i.e. PayPal)
You agree that LuthierCentral is a venue and as such is not responsible or liable for any content, for example; data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on LuthierCentral. You use the LuthierCentral service at your own risk.
2. Membership Eligibility
Age: LuthierCentral services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. LuthierCentral 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 LuthierCentral 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 cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local, state and federal laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by LuthierCentral policies as stated in the Agreement and the LuthierCentral policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by LuthierCentral, each of which is incorporated herein by reference and each of which may be updated by LuthierCentral from time to time without notice to you:
- The Ins and Outs of LuthierCentral
- Marketplace End User Agreement
- Copyright and Intellectual Property Policy
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by LuthierCentral from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LuthierCentral of any unauthorized use of your password or any breach of security. You also agree that LuthierCentral cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than LuthierCentral without LuthierCentral express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on LuthierCentral, Vendors must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your LuthierCentral account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: LuthierCentral services are not available to temporarily or indefinitely suspended LuthierCentral members. LuthierCentral reserves the right, in LuthierCentral sole discretion, to cancel unconfirmed or inactive accounts. LuthierCentral reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining, contributing, setting up a store and listing items on LuthierCentral is free. LuthierCentral charges a percentage of the sale price when an the item sells (commission). That percentage (%) is the same for all items listed in the Marketplace at LuthierCentral. The commission is equal to 25% of the gross selling price. The gross selling price does not include any reasonable and customary shipping / handling fee charged by the Vendor. This commission perrcentage is subject to change and is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for LuthierCentral services are effective after LuthierCentral provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, LuthierCentral may choose to temporarily change the Fees Policy and the fees for LuthierCentral services for promotional events; such changes are effective when LuthierCentral posts the temporary promotional event on the Site. LuthierCentral may, at LuthierCentral sole discretion, change some or all of LuthierCentral services at any time. In the event LuthierCentral introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
Buyers and / or Vendors are responsible for paying all fees and/or applicable taxes associated with your transactions that may be charged by the city/town, county/sections/divisions, state/province, or country in which you reside or are shipping into when using the services offered by LuthierCentral. If a Vendor owes any fees incurred due to not following stated listing policy at LuthierCentral, all such Vendors will be emailed an invoice detailing the amount due. A Vendor must pay the amount due in full within 15 days of the date of the invoice.
Fees and Termination: If LuthierCentral terminates a listing or your account, or if the payment of your LuthierCentral fees cannot be completed for any reason, you remain obligated to pay LuthierCentral for all unpaid fees plus and any penalties, if applicable.
If the vendor's account, in which only charges for fees incurred for not following the Listing Policy of LuthierCentral, is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact LuthierCentral.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with LuthierCentral published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your LuthierCentral shop. Your listings may only include text descriptions, graphics, pictures, audio / video files and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing in the Marketplace.
Binding Sale: All sales are binding. The Vender is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Vendor's listing (such as payment method), or (b) the Vendor cannot authenticate the Buyer's identity. The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Vendors may charge reasonable shipping and handling fees to cover the costs of packaging and shipping the items based on commonly used and available rates. Vendors may not charge excessive shipping fees or otherwise avoid the payment of commission to LuthierCentral. You may not alter the item's price after a sale for the purpose of avoiding LuthierCentral transaction fees, misrepresent the item's location, or use in any other way another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to LuthierCentral and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on LuthierCentral.
Your Content and your use of LuthierCentral shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, LuthierCentral Copyright and Intellectual Property Policy)
- Violate this Agreement, The Ins & Out's of LuthierCentral, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including LuthierCentral staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child or any other form of pornography. Judgment and decision of the LuthierCentral staff is final. If you have questions regarding this policy, send them to: admin@LuthierCentral.com.
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing or other official page, section, gallery, forum or other posting at LuthierCentral.
- Modify, adapt or hack LuthierCentral or modify another website so as to falsely imply that it is associated with LuthierCentral;
- Appear to create liability for LuthierCentral or cause LuthierCentral to lose (in whole or in part) the services of LuthierCentral ISPs or other suppliers
Re-Posting Content: By posting Content on LuthierCentral, it is possible for an outside website or a third party to re-post that Content. You agree to hold LuthierCentral harmless for any dispute concerning this use. If you choose to display your own LuthierCentral-hosted image on another website, the image must provide a link back to its listing page on LuthierCentral.
Idea Submissions: LuthierCentral considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and LuthierCentral shall not be liable for the disclosure or use of such Material. If, at LuthierCentral request, any member sends Material to improve the site (for example through the Forums or to customer support), LuthierCentral will also consider that Material to be non-confidential and non-proprietary and LuthierCentral will not be liable for use or disclosure of the Material. Any communication by you to LuthierCentral is subject to this Agreement. You hereby grant and agree to grant LuthierCentral, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
LuthierCentral does not control the Content provided by users that is made available on LuthierCentral. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using LuthierCentral, you agree to accept such risks and that LuthierCentral (and LuthierCentral officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on LuthierCentral. Please use caution, common sense, and practice safe buying and selling when using LuthierCentral.
Other Resources: LuthierCentral is not responsible for the availability of outside websites or resources linked to or referenced on the Site. LuthierCentral does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that LuthierCentral 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and LuthierCentral, please contact LuthierCentral.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Davidson County, TN, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Tennessee. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and LuthierCentral agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release LuthierCentral (and LuthierCentral officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. LuthierCentral encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
LuthierCentral, for the benefit of users, may try to help users resolve disputes. LuthierCentral does so in LuthierCentral sole discretion, and LuthierCentral has no obligation to resolve disputes between users or between users and outside parties. To the extent that LuthierCentral attempts to resolve a dispute, LuthierCentral will do so in good faith based solely on LuthierCentral policies. LuthierCentral will not make judgments regarding legal issues or claims.
10. LuthierCentral Intellectual Property
LUTHIERCENTRAL, and all other LuthierCentral graphics, logos, designs, page headers, button icons, scripts, and service names (“items”) are OWNED by LuthierCentral, Inc. in the U.S. and/or other countries. LuthierCentral owned items may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
LuthierCentral may contain robot exclusion headers which contain internal rules for software usage. Much of the information on LuthierCentral is updated on a real-time basis and is proprietary or is licensed to LuthierCentral by LuthierCentral users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access LuthierCentral for any purpose whatsoever. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in LuthierCentral sole discretion, an unreasonable or disproportionately large load on LuthierCentral infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The In's & Out's of LuthierCentral from the Site except to the extent expressly permitted by and in compliance with LuthierCentral or otherwise without the prior express written permission of LuthierCentral and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass LuthierCentral robot exclusion headers or other measures LuthierCentral may use to prevent or restrict access to LuthierCentral
Without limiting any other remedies, LuthierCentral may, without notice, and without refunding any fees, delay or immediately remove Content, warn the LuthierCentral community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- LuthierCentral is unable to verify or authenticate any of your personal information or Content; or,
- LuthierCentral believes that a user is acting inconsistently with the letter or spirit of LuthierCentral policies, has engaged in improper or fraudulent activity in connection with LuthierCentral or the actions may cause legal liability or financial loss to LuthierCentral users or to LuthierCentral.
14. No Warranty
LUTHIERCENTRAL, LUTHIERCENTRAL SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND LUTHIERCENTRAL SUPPLIERS PROVIDE LUTHIERCENTRAL WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LUTHIERCENTRAL, LUTHIERCENTRAL SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LUTHIERCENTRAL SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LUTHIERCENTRAL SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL LUTHIERCENTRAL, AND (AS APPLICABLE) LUTHIERCENTRAL SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR LUTHIERCENTRAL SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, LUTHIERCENTRAL SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
LUTHIERCENTRAL LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LUTHIERCENTRAL SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LUTHIERCENTRAL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD LUTHIERCENTRAL AND (AS APPLICABLE) LUTHIERCENTRAL PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
LuthierCentral does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside LuthierCentral control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any LuthierCentral service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on LuthierCentral net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and LuthierCentral are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. LuthierCentral Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Tennessee, excluding its conflicts of laws rules, and the United States of America.
Sections 1 (LuthierCentral is a Venue), 2 (Membership Eligibility), 3 (Fees and Services, Fees and Termination), 4 (Listing and Selling), 5 Prohibited, Questionable and Infringing Items and Activities, 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (LuthierCentral Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 21 (LuthierCentral Service, 22 (Choice of Law), shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to LuthierCentral; Attn: Legal Department; 3454 Crestridge Drive, Nashville, TN 37204 (admin@LuthierCentral.com, in the case of LuthierCentral) or, in your case, to the email address you provide to LuthierCentral (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, LuthierCentral may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LuthierCentral. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in LuthierCentral Copyright and Intellectual Property Policy.
The services hereunder are offered by LuthierCentral, located at 3454 Crestridge Drive, Nashville, TN 37204. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.