Welcome to Ted Corvette Guitars Website
These Terms of Service are a legal agreement (the “Agreement”) between you and Ted Corvette Guitars (“TCG”). We use the term “Services” in this Agreement to refer to our website. If you use our Services, you are agreeing to all this Agreement’s terms and conditions.
This Agreement incorporates by this reference all policies and content that appear on our website at tedcorvetteguitars.com.
1. Intellectual Property
We own all patent, copyright, trademark, and trade secret rights relating to our website. Please don’t change or remove any trademarks or service marks displayed on the website. That would violate our trademark rights. If you send us ideas or comments about our products, services, or the website you agree that we will not owe you any payment for your submissions. You also agree that we can use your submissions without your permission or acknowledging your authorship of the material you send us and that you specifically assign all copyrights to your submissions to Ted E. Corvette by your consenting to this Agreement. In short, we own all intellectual property rights to anything you send us that relates to our business or the website. Just as we require that you respect our copyrights, we expect you to respect the copyrights of third parties. Don’t upload or post copyrighted or copyrightable material belonging to others on our website. If you are a copyright owner and you think someone has infringed your copyrights by publishing your copyrighted material on our website, or to use our Services, please notify us by email using our “Contact Us” form or regular mail addressed to Ted Corvette Guitars c/o Ted E. Corvette, 2215 Elmwood Ave., Durham, NC 27707. Your notice should include:
1) the legal name of the copyright owner.
2) the title of the work or works you claim have been infringed.
3) a description of the infringing material and its location sufficient for us to find the allegedly infringing material on our website.
4) your contact information.
5) a statement, under oath, that the copyright owner did not authorize the allegedly infringing use and that you are the copyright owner or his/or her authorized agent.
6) your physical or electronic signature.
You agree that if your use of material is alleged to infringe a third party’s copyrights, we may remove the disputed material from our website without liability to you.
2. Our Prices
The prices we charge for guitars and other goods or services are subject to change based on market conditions. We reserve the right to change our pricing policies at any time. We also charge for repair work not covered by our original owner guarantee. We will post changes on the website and will not pass any price increases on to our customers unless they have
been first posted on the website.
Our prices don’t include sales taxes due to the state where you make a purchase. Sales tax, if required by law, will be added to the price of any goods or services and sent to the appropriate taxing authority. We are responsible only for federal and state income taxes on our operations. We are not responsible for any import duties or the taxes of any foreign government.
3. Privacy
Without your permission, we will not disclose information you provide us to anyone other than the specific individuals or organizations you designate in your submissions to us. For a complete statement of our privacy policies please see the Privacy Policy page on this website.
4. Refunds
We require a deposit equal to one half (50%) of the agreed price of any custom guitar we build for a customer. On completion of the instrument the balance of the purchase price plus any applicable sales tax will be due and payable on delivery. If a customer decides not to purchase a custom instrument on which they made a deposit, we will refund one half of the deposit.
5. Limited Lifetime Warranty
We provide the original customer of one of our custom guitars with the following limited lifetime warranty. If an original customer returns an instrument to us at the customer’s expense, we will repair any defect we find to have been caused by workmanship or materials. This warranty does not cover accidental or intentional damage or damage caused by neglect.
An example of neglect would be leaving an instrument in a vehicle where the temperature might get to over 120 degrees F. At temperatures over 140 degrees the glues used to build a custom instrument will begin to soften and break down. This can have catastrophic results for the instrument.
6. Governing Law
The laws of the United States of America and the State of North Carolina, as applicable, will govern this Agreement's construction and operation without regard to North Carolina’s rules regarding conflicts of laws.
7. Mediation, Arbitration and Waivers of Certain Rights
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Durham, North Carolina, USA, before one arbitrator. JAMS will administer the arbitration under its Streamlined Arbitration Rules and Procedures. Any court having jurisdiction may enter judgment on the Award. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement must be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it will be submitted to JAMS, or its successor, for final and binding arbitration under the arbitration clause set forth above. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator will be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
8. International Implications
We operate our website and provide our products and services from within the United States of America. If you choose to access our website and buy products or services from outside of the United States, you do so at your own risk. We don’t represent or warrant that our website or services are appropriate for use outside of the United States.
9. Cardholder Data Security
We protect your payment information using accepted best practices and we review our security practices frequently. We follow applicable laws and use our best efforts to comply with industry security standards. We do not store credit cardholder data and other sensitive information. We comply with the Payment Card Industry’s Data Security Standards regarding the transmittal, storage, protection, and access to credit cardholder information.
10. Other Provisions
This Agreement is the complete statement of your agreement with us regarding your use of our website and Services. Unless otherwise expressly stated in this Agreement, this Agreement describes our only liabilities to you and your sole remedies involving your use of our website and Services. If this Agreement conflicts with any other agreement or policy, yours or ours, this Agreement’s terms and conditions control. If a court of competent jurisdiction finds, in a final order, that any of this Agreement’s terms or conditions are invalid or unenforceable the invalid terms can be changed by the court, interpreted to be consistent with applicable laws, or stricken so as to render the remainder of this Agreement enforceable. This Agreement does not limit our trade secret rights under North Carolina law or our patent, copyright or trademark rights under applicable federal law. No failure to assert a right arising under this Agreement may be construed as a waiver of that right on any one occasion or as a waiver of the future assertion of that right.