Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
90-Day Guides, Inc. (“90-Day Guides”) may revise and update these Terms and Conditions at any time. Your continued usage of www.90DayGuides.com and other sites controlled by 90-Day Guides (the “Web Sites”) will mean you accept those changes.
1) Privacy Policy
To understand how and what information we collect, and how we may use or disclose such information, please carefully read our privacy policy statement at www.90DayGuides.com/privacy-policy By using our websites, you acknowledge that you have read our privacy policy statement and consent to our privacy practices. You further affirm your consent by becoming a registered member or submitting content or materials to or through our websites.
If you are a minor, please remember to ALWAYS check with your parents before you send anything to us online or otherwise.
2) Modifications to the Web Sites
We reserve the right to modify the Web Sites or to change or discontinue any of the services offered on the Web Sites with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Web Sites or to change or discontinue our service offerings. If you object to any change to the Web Sites or our services, your sole recourse will be to discontinue using the Web Sites. Your continued use of any modified service on the Web Sites will indicate your assent to such changes.
3) Restricted Activities
You agree not to use the Web Sites to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Web Sites; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Web Sites or services or networks connected to the Web Sites or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Sites. You agree not to use the Web Sites to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by 90-Day Guides in its sole discretion.
Without our written consent, you may not:
(i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Web Sites, use of the Web Sites, or access to the Web Sites;
(ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
(iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Web Sites or monitor or copy our Web pages or the content contained thereon;
(iv) deep link to the Web Sites for any purpose; or
(v) frame the Web Sites, place pop-up windows over its pages, or otherwise affect the display of its pages.
4) Your Content
You may submit comments, testimonials, or other content to us (collectively, “Content”) via e-mail links on the Web Sites. You grant to us a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, "Use"). You retain all ownership rights in and to your Content. Any Use of your Content will be in accordance with our Privacy Policy. Notwithstanding any terms in our Privacy Policy, 90-Day Guides may post on the Web Sites any testimonial you submit to us. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial.
5) Third-Party Services
90-Day Guides provides you with links to third-party Web sites or locations, including service providers (“Provider”) such as booksellers, for your convenience only. Our provision of such a link does not signify an endorsement by 90-Day Guides of the third party’s Web site or the services offered by such third-party. 90-Day Guides has no control over, does not review, and cannot be responsible for these outside Web sites or their content. Your use of a third-party Web site will be subject to such third-party’s terms of use and privacy policy. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. 90-Day Guides has no control over the Provider’s performance of its services, and 90-Day Guides makes no representations or warranties with respect to the Provider’s performance of its services. YOU AGREE THAT 90-DAY GUIDES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.
6) Termination
We may terminate your use of the Web Sites without prior notice for any reason, at our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Web Sites at any time.
7) Medical Disclaimer
All information on the Web Sites is of a general nature and is furnished for educational purposes only. No information contained on the Web Sites or in any e-mail sent to you by 90-Day Guides ("90-Day Guides Content") is to be taken as medical, psychiatric or other health advice pertaining to any individual’s specific health, psychiatric or medical condition. Although we make an effort to provide quality information to you, 90-Day Guides disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any 90-Day Guides Content. The 90-Day Guides Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical or psychiatric advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all 90-Day Guides Content.
90-Day Guides is not engaged in rendering medical, psychiatric or professional services. The 90-Day Guides Content is not a substitute for the diagnosis and advice of your healthcare professional, and the 90-Day Guides Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your healthcare professional because of anything you may have read or interpreted in the 90-Day Guides Content. Consult your health care professional before practicing any recommendations or acting on any 90-Day Guides Content. The 90-Day Guides Content is not to be interpreted as advocating the self-management of your medical or psychiatric condition(s) or those of your family.
YOU ACKNOWLEDGE THAT 90-DAY GUIDES IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR PSYCHIATRY, AND THAT ALL DECISIONS MADE USING THE 90-DAY GUIDES CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. 90-DAY GUIDES, INC., EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE 90-DAY GUIDES CONTENT. You agree, at your expense, to indemnify and hold 90-Day Guides harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against 90-Day Guides arising from or related to decisions or recommendations you make using the 90-Day Guides Content.
8) Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 90-DAY GUIDES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE OR THE 90-DAY GUIDES CONTENT.
90-DAY GUIDES MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES 90-DAY GUIDES MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE 90-DAY GUIDES CONTENT OR THAT DEFECTS IN THE SITE OR THE 90-DAY GUIDES CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
9) Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 90-DAY GUIDES OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE 90-DAY GUIDES CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of 90-Day Guides to you for all claims arising from or related to the Web Sites or the 90-Day Guides Content is limited to the lesser of the fees paid by you to 90-Day Guides for services provided on the Web Sites or fifty dollars ($50).
10) Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
11) Indemnification
You agree to indemnify, defend, and hold harmless 90-Day Guides and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Web Sites; (2) your use of the Web Sites or the 90-Day Guides Content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Web Sites.
12) Intellectual Property
90-Day Guides grants to you a nonexclusive right and license to reproduce the 90-Day Guides Content for your personal use only. Except for the limited license granted to you in this Section 12, nothing contained on the Web Sites, in the 90-Day Guides Content, or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any 90-Day Guides patent, copyright, trademark, or other intellectual property rights.
Trademarks
90-Day Guides™, 90 Day Guides™, 90-Day Guitar Guide™, 90 Day Guitar Guide™, the 90-Day Guides graphic logo, the 90-Day Guitar Guide graphics logo, the 90-check graphic logo, are trademarks of 90-Day Guides, Inc. All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Web Sites constitute trade dress and are the property of 90-Day Guides, Inc. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of 90-Day Guides, Inc., is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.
Copyright
The Web Sites, the 90-Day Guides Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Web Sites are the exclusive property of 90-Day Guides, Inc., and its licensors and are protected by U.S. and international copyright laws. The 90-Day Guides Content and any other content on the Web Sites may be used for informational purposes only. Any other use of the 90-Day Guides Content or such other content on the Web Sites without the prior written consent of 90-Day Guides, Inc., is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the content of the Web Sites or the 90-Day Guides Content is expressly prohibited without the prior written consent of 90-Day Guides.
Copyright Infringement
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Web Sites has designated an agent to receive notices of claims of copyright infringement:
Copyright Officer
90-Day Guides, Inc.
1042 N. El Camino Real, Suite B-380
Encinitas, CA 92024
(760)943-9130
terms@90DayGuides.com
We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.
13) Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the services provided on the Web Sites, or the 90-Day Guides Content (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in San Diego, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or 90-Day Guides may seek interim or preliminary injunctive relief from a court of competent jurisdiction in San Diego, California, as necessary to protect the rights or property of you or 90-Day Guides pending the completion of any arbitration proceeding.
14) General
The Terms constitute the entire and exclusive and final statement of the agreement between you and 90-Day Guides with respect to the subject matter hereof, and govern your use of the Web Sites, superseding any prior agreements or negotiations between you and 90-Day Guides with respect to the subject matter hereof. The Terms and the relationship between you and 90-Day Guides shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
90-Day Guides’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and 90-Day Guides nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and 90-Day Guides’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections 4 through 14 shall survive any expiration or termination of the Terms.
