Terms of use

Fullerton Guitars Inc. and all of its affiliates and subsidiaries (“Fullerton” or “us” or “we” or “Company”) maintain this website, mobile and desktop application, or other properties and/or our related services (collectively known as the “Fullerton Properties,” or each individually, a “Fullerton Property”) for your personal information, education and communication. These Terms of Use govern your access to, and use of all or any part of the website located at fullertonguitars.com and all related Fullerton Properties. Please carefully read these Terms of Use before accessing or using this Fullerton Property, so that you fully understand your rights and responsibilities. By accessing or using this Fullerton Property, you agree to these terms of use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this Fullerton Property, and instead contact Fullerton in writing for more information.

AMENDMENTS

Fullerton reserves the right to modify or amend these Terms of Use at any time or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. Furthermore, you agree that Fullerton will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

All changes will be effective immediately upon their posting on this Fullerton Property. Material changes will be posted on this Fullerton Property. By accessing this Fullerton Property after changes are posted to the Terms of Use, you agree to all such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

PRIVACY POLICY

By accessing and using this Fullerton Property, you agree to the terms and conditions of our Privacy Policy, which are incorporated into these Terms of Use by this reference.

COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the site and its Content, including text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium, are copyrighted works of Fullerton and/or its suppliers or users. Therefore, neither the site nor its content may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without our prior written permission. The distinct and original design, layout and presentation of this Fullerton property also constitutes protectable trade dress under applicable federal law. In addition to this, several proprietary names and marks belonging to Fullerton appear throughout this Fullerton Property. Additionally, this Fullerton property may contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property which belongs to Fullerton or any third party is strictly prohibited, and may therefore be prosecuted to the fullest extent of the law.

TRADEMARKS

All trademarks are owned by their respective owners or are used under license.The use of them does not imply any affiliation with or endorsement by or of them.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

From time to time, Fullerton may conduct promotions on or through the site, including, without limitation, contests and sweepstakes (each, a "Promotion"). Each Promotion may be subject to Official Rules or other terms and limitations which will be posted or otherwise made available to you and, for purposes of that Promotion, will be deemed incorporated into and form a part of these Terms of Use. To the extent that the terms for any Promotion conflict with these Terms of Use, the terms for that Promotion shall take precedent only in regards to that Promotion.

SUBMITTING UNSOLICITED IDEAS

Fullerton does not accept, review or consider any unsolicited ideas, concepts, advice, techniques, materials, proposals, works or content regarding advertising campaigns, promotions, new products, marketing strategies, product enhancements, product technologies, product names, new technologies, processes, creative materials or general content (all of the aforementioned “Submissions”).

Please do not share or send any form of Submissions to Fullerton or any of its employees or contractors.

This policy is in place to prevent potential misunderstandings or disputes about intellectual property ownership. Should you send or provide any Submissions despite this policy and our aforementioned request that you do not do so, then regardless of what your correspondence states, the following terms will apply to your submissions.

Your submissions and all of their contents, along with related intellectual property rights, will become the property of Fullerton, without any compensation to you or any other person sending the Submission. This means that without limitation, Fullerton will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever.

Fullerton may, but is under no obligation to, use and/or redistribute the submissions and their contents for any purpose on an unrestricted basis and will not be liable for the use of any submitted ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Fullerton products, services or operations.

Fullerton is under no obligation to keep the submissions and/or their contents confidential.

Upon submission, you acknowledge that you are responsible for whatever material you submit and that you, not Fullerton, bear full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

However, Fullerton does welcome feedback in any form that does not violate this Policy. If you would like to send us feedback, please send such feedback to support@fullertonguitars.com. Any feedback provided by you at this site will be deemed non-confidential as well as not proprietary. Fullerton will be unrestricted in its right to use and redistribute such information, without providing you with any compensation.

THE USE OF THIS FULLERTON PROPERTY

You may view, copy, print and use the content contained on this Fullerton Property (including audio-visual material and user-generated content) solely for your own personal use. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for the benefit of someone else ("Personal Use"). Usage of Fullerton properties under Personal Use applies under the following circumstances: The content available via this Fullerton Property may only be used for informational and non-commercial purposes No text, graphics or other content available through this Fullerton Property may be altered or framed in any way. No graphics available from this Fullerton Property may be used, copied or distributed separately from accompanying text. No copyrights, trademarks or other proprietary notices may be deleted.

You are not granted any right to use Fullerton trademarks, logos, trade dress (including without limitation the layout of the Site) or other intellectual property, and all such items shall remain our exclusive property. Therefore, using any such content for commercial purposes is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Fullerton or any third party, except as expressly provided herein.

This Fullerton Property may be accessed by users internationally and may contain references or cross-references to Fullerton products, programs and services that are not available in your country. Such references bear no implication that Fullerton intends to make such products, programs or services available in your country or that such products may lawfully be used in or imported into your country. Fullerton reserves the right, without prior notice, to discontinue models, parts and accessories and other items or change specifications at any time without being subject to any obligations to any party.

Should we provide desktop, mobile or other applications for download, you may download a single copy to each of your devices solely for the purpose of your own Personal Use, under the condition that you agree to be bound by our end user license agreement or other terms for such applications. If we provide social media features, which allow you to share content or information about or from the Site on social media or otherwise allow you to connect the Site with your social media account, you may take such actions as are enabled by such features.

Access to this Fullerton Property may be monitored periodically. The requesting URLs, the machine originating the request, as well as the time of the request may be logged for access statistics and security purposes. The use of this Fullerton Property may be unavailable from time to time as a result of mechanical, telecommunication, software, and third-party vendor failures. Fullerton is unable to predict or control when such errors may occur and cannot control the duration of subsequent downtime.

SMS MESSAGING

You consent to receive recurring automated marketing and informational text messages (e.g., SMS and MMS) from Fullerton, which includes cart notifications, text messages sent to your mobile number used when signing up or otherwise designated, via an automatic telephone dialing system. Please note that consent to receive automated marketing text messages is not a condition of any purchase. Message and Data rates may apply, and the frequency of messages may vary. Fullerton reserves the right to change the frequency of messages sent at any time, including increasing and decreasing the total number of sent messages. Additionally, Fullerton reserves the right to change the short code or phone number from which the aforementioned messages are sent. Data received from you in relation to any Text Message services may include your mobile number, your provider’s name and the date, time, content of your text messages, and/or your email address. We may use this information according to our Privacy Policy to contact you and provide you with requested services. For further information on how we use telephone numbers, please read our Privacy Policy. Not all mobile devices or handsets may be supported, and we may not be able to deliver our messages in all areas. Therefore, Fullerton, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

CANCELLATION

To unsubscribe from receiving messages from Fullerton, text the keyword STOP to the SMS number used by Fullerton. After texting STOP to the aforementioned number, you may receive an additional message to confirm that your request has been received and processed. You acknowledge that our text message platform may not recognize and respond to cancellation requests that do not include the keyword STOP and agree that Fullerton and its service providers will have no liability for failing to oblige such requests. Should you unsubscribe from one of our text message programs, you may continue to receive text messages from Fullerton via any additional programs you have joined until you separately unsubscribe from those programs.

CHANGING YOUR MOBILE PHONE NUMBER

If you change or deactivate your mobile phone number, you agree to notify Fullerton at the following email address: support@fullertonguitars.com

TROUBLESHOOTING

If you experience any problems, errors or technical difficulties, please type out “HELP” to any text message you receive from us or send an email to support@fullertonguitars.com with details about your problem or your request for support.

CHANGES TO OUR MESSAGING TERMS

Fullerton reserves the right to terminate or alter our messaging program at any time. In addition, Fullerton reserves the right to alter or amend these SMS Messaging Terms at any time and any such modification or amendment will take effect once it is posted on Fullerton’s website. You agree to periodically review these SMS Messaging Terms to make sure you are aware of any changes or updates. Your continued enrollment following such changes shall constitute your acceptance of these changes.

THIRD-PARTY WEBSITES

This Fullerton Property may link to, or be linked to, other websites which are not maintained or related to Fullerton. All links are provided only as a service to our visitors. Fullerton is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Fullerton Property. Fullerton has not reviewed all websites to which it links and bears no responsibility for the content, accuracy, or policies of any such websites. When you leave the Site, you should confirm the terms and conditions, privacy and other policies that apply to you since Fullerton neither controls, nor has any responsibility for any third party sites (unless they are expressly owned by us), their practices or anything associated with their operations.

THIS FULLERTON PROPERTY MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLDWIDE WEBSITES OF FULLERTON DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF FULLERTON. FULLERTON BEARS NO RESPONSIBILITY FOR THE CONTENTS, AVAILABILITY, OPERATION OR PERFORMANCE OF WEBSITES OF FULLERTON DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH THIS FULLERTON PROPERTY MAY BE LINKED OR FROM WHICH THIS FULLERTON PROPERTY MAY BE ACCESSED.

By referencing any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or further entities, Fullerton is not necessarily constituting or implying the endorsement or recommendation of what is being referenced. Any views communicated by third parties on this Fullerton Property (including recorded interviews) are solely the views of such third parties. Furthermore, Fullerton assumes no responsibility for the accuracy or veracity of any statements made by such third parties.

YOUR ACCOUNT

Should you choose to register with this Fullerton Property, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. You should use a secure username and password and keep them secret, because you shall be responsible for all activity that occurs under your access credentials. If you have any reason to believe your account information has been compromised or that your account has been accessed by a third party, you agree to immediately contact Fullerton via e-mail at: support@fullertonguitars.com. You are solely responsible for both your own incurred losses as well as any losses incurred by Fullerton and others (including other users) on the account of any unauthorized use of your account.

WARRANTY DISCLAIMER

Fullerton takes reasonable efforts to ensure the accuracy and integrity of information and related materials provided by Fullerton on this Fullerton Property. However, Fullerton is not responsible for misprints, outdated information, technical or pricing inaccuracies, typographical or other errors which appear on this Fullerton Property, the websites of any Fullerton dealer or distributor or any other website. Information and related materials are subject to change without notice. This Fullerton Property and all the related materials it contains are provided “AS IS.” Fullerton does not warrant or guarantee the following: The accuracy, completeness, correctness, reliability, timeliness, or usefulness of this Fullerton Property or any material, information or data downloaded or otherwise received through the use of this Fullerton Property. The results that may be obtained via the use of this Fullerton Property or the use of material, information or data received from this Fullerton Property That the use of this Fullerton Property or any materials on this Fullerton Property will meet any requirements set by users That access to the Fullerton Property will be uninterrupted, timely, secure or free of errors That files or other materials and information available through this Fullerton Property will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your devices. Fullerton bears no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication. By using this Fullerton Property, you assume the risk that the information and materials on this Fullerton Property may be inaccurate, incomplete, out of date, or may not meet your specific needs and requirements.

FULLERTON SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS FULLERTON PROPERTY AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN.

We do not represent and warrant that the functions contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components. Further, Fullerton will not provide for specific IT infrastructure or connectivity.

We do not represent or warrant the accuracy or completeness of any Content (including User Content) posted on the Site. We are not responsible for the conduct, whether online or offline, of any users of the Site.

You acknowledge and agree to the following conditions: Your use of this Fullerton Property and any material, information or data downloaded or otherwise obtained via the use of this Fullerton Property is at your own discretion and risk. You bear sole responsibility for any damage to your computer system or mobile devices in addition to loss of data that results from downloading any material, information or data, and any other form of damage that may be incurred. Furthermore, none of the parties involved in creating, producing, or delivering this Fullerton Property or its content will be liable to users of this Fullerton Property for any damage that results from the use of this Fullerton Property or use of material, information or data downloaded or otherwise obtained from this Fullerton Property, no are such parties in any way responsible for the conduct of users of this Fullerton Property or for information posted or exchanged on this Fullerton Property.

Please note that no advice or information, whether oral, written or recorded, you have obtained from Fullerton, or in any manner from this Fullerton Property, creates any warranty.

NO LIABILITY

Your use of the Site is at your own discretion. Therefore, you agree that our sole obligation to you is to provide the Site "as is." Fullerton or any of its officers, representatives, directors, employees, consultants or agents will in no event be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Fullerton Property or any linked website or to any material, information, data, products, or services obtained through this Fullerton Property, or otherwise arising out of of your usage of this Fullerton Property, your inability to use this Fullerton Property or any decision made or action taken by you in reliance of any information, advice or materials provided on this Fullerton Property, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Fullerton has been advised of the possibility of such damages. Your sole and exclusive remedy to such damages is to cease accessing and using this Fullerton Property.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fullerton, its affiliated companies, officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this Fullerton Property, your use of any material, information or data downloaded or otherwise obtained from this Fullerton Property, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Fullerton or any other person or entity.

GOVERNING LAW

The laws of Indiana and the United States shall govern use of this Fullerton Property. Users agree that any action, suit, or proceedings arising from or related to use of this Fullerton Property shall be brought exclusively in the federal or state courts of the State of Indiana without regard to choice of law or conflicts of law provisions.

By your access or use of this Fullerton Property, you agree to these Terms of Use. These Terms of Use, together with the Fullerton Privacy Policy, constitute the entire agreement between you and Fullerton with respect to your access and use of this Fullerton Property. Any waiver of provision of these Terms of Use will only be effective if provided in writing and signed by Fullerton. These Terms of Use will inure to the benefit of Fullerton’s successors and assigns.

ELECTRONIC COMMUNICATIONS

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Fullerton may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, notices, agreements, or other communications for your reference. If you have any questions or concerns about these Terms of Use, please contact us at:

Fullerton Guitars Inc.

14345 Ewing Road
Moores Hill, Indiana
47032 USA

The information contained in this site is subject to change without notice. Copyright © 2022 Fullerton Guitars Inc. All rights reserved.