EDGEWATER GUITARS TERMS OF SERVICE

Last Updated: March 31, 2025

Please read these Terms of Service ("Terms") carefully before using the Edgewater Guitars website or services.

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Edgewater Guitars ("Company", "we", "us", or "our"), concerning your access to and use of the edgewaterguitars.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

By using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site or use our services.

2. SERVICES

Edgewater Guitars primarily offers guitar purchasing services, appraisals, and related information resources. Our core business involves evaluating and purchasing guitars and related musical equipment from individuals. We may occasionally offer guitars and equipment for sale.

We reserve the right to refuse service to anyone for any reason at any time.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

4. USER SUBMISSIONS

By submitting content to us, including but not limited to guitar information, photographs, or other materials, you grant Edgewater Guitars a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media formats.

You represent and warrant that you own or have the necessary rights to submit such content and that the content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

5. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) You have the legal capacity and agree to comply with these Terms; (2) You are not a minor in the jurisdiction in which you reside; (3) You will not access the Site through automated or non-human means; (4) You will not use the Site for any illegal or unauthorized purpose; (5) Your use of the Site will not violate any applicable law or regulation.

6. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Prohibited activities include, but are not limited to:

• Attempting to bypass any measures of the Site designed to prevent or restrict access

• Engaging in any automated use of the system

• Using the Site to advertise or offer to sell goods and services

• Attempting to impersonate another user or person

• Using the Site to transmit "spam," chain letters, or other unsolicited communications

• Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory

• Making any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means

7. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

(1) Monitor the Site for violations of these Terms; (2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (3) Remove or refuse to post any user content for any or no reason in our sole discretion; (4) Terminate or deny access to and use of the Site to any person for any reason, in our sole discretion.

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

10. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:

(1) Errors, mistakes, or inaccuracies of content and materials; (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (3) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) Any interruption or cessation of transmission to or from the Site; (5) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party.

11. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

(1) Your breach of these Terms; (2) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (3) Any harmful act toward any other user of the Site with whom you connected via the Site.

13. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

15. GOVERNING LAW

These Terms shall be governed by and defined following the laws of the State of Ohio. Edgewater Guitars and yourself irrevocably consent that the courts of Ohio shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

16. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

17. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Edgewater Guitars [Address] Cleveland, OH [Zip] Phone: (440) 219-3607 Email: info@edgewaterguitars.com