These Terms and Conditions (“Terms”) govern the purchase, access, and use of any digital products sold through Play Fingerstyle Guitar (referred to as “Seller”). By purchasing, downloading, or accessing any digital product (each a “Product”) from Play Fingerstyle Guitar, you (“Customer”) agree to the terms and conditions set forth below.
These Terms form a legally binding agreement (this “Agreement”) between Customer and Seller, and should be read carefully. Seller reserves the right to update and modify these Terms at any time by posting changes on its website. The most recent version of these Terms can be found here. It is your responsibility to review these Terms periodically. Continued use of any Product after updates to these Terms constitutes acceptance of the changes.
SECTION 1. USAGE OF THE SITE
1.1 The purchase of a digital product from Play Fingerstyle Guitar (“Seller”) grants the Customer a personal, revocable license to access and use the purchased content, which may include downloadable files and streamable video (each, a "Product"). Access to Products is provided on a first-come, first-served basis as availability permits or at Seller’s sole discretion. The license granted is non-transferable, and Seller is not responsible for lost, stolen, or deleted access credentials. Unless otherwise expressly permitted by Seller in writing, Customers must be eighteen (18) years of age or older to purchase and access the Products. Seller reserves the right to implement security measures to prevent unauthorized access to the Products, including but not limited to, account authentication, IP tracking, and digital rights management tools.
1.2 Seller reserves the right, without refund of any portion of the purchase price, to revoke the license granted, terminate access to the Products, refuse future purchases, and/or withdraw or refuse to provide services to any Customer at any time. This includes, but is not limited to, any Customer who, in Seller’s sole discretion, engages in unprofessional, disorderly, threatening, harassing, or offensive conduct, uses vulgar or abusive language, violates the intellectual property rights of Seller, attempts to distribute or resell the Product, fails to comply with the terms of this Agreement, or violates applicable laws. Seller reserves the right to revoke access to any Customer whose behavior disrupts or hinders the experience of other users.
1.3 Customers must ensure they provide accurate and verifiable account details when making a purchase. Failure to provide valid identification or necessary account information upon request may result in the suspension or termination of access to the Products, without entitlement to a refund or compensation. Seller is not responsible for any issues arising from Customer-provided inaccuracies. To protect against fraudulent access, Seller reserves the right to verify Customer identity using reasonable measures, including requiring proof of purchase. Any violation of these Terms may result in the immediate termination of access to Products, without refund, at Seller’s sole discretion.
SECTION 2. PAYMENT AND REFUNDS
2.1 Unless otherwise indicated in a written agreement between you and Seller, full payment is due at the time you purchase a Product. All Product purchases are subject to availability without exception. Receipt of a confirmation email does not guarantee immediate access to the Product in cases of technical issues or system limitations. Seller reserves the right, in its sole discretion, to issue refunds in accordance with the refund policy stated on the sales page of the Product. If the price of a Product increases or decreases after your purchase, you will not be charged or refunded for the difference. Refunds, if applicable, will only be provided as per the terms clearly outlined on the sales page at the time of purchase.
3.2 In connection with the purchase of a Product, Customers may be asked to supply certain information relevant to the transaction, including, without limitation, payment information. You hereby represent and warrant that any information submitted to Seller is true, accurate, and complete, and that you have the legal right to use any credit card(s), debit card(s), or other payment methods used in connection with the transaction. By providing a payment method, you expressly agree that Seller and/or an independent third-party payment processor authorized by Seller may charge the payment method provided at the time of purchase and in accordance with any future payment terms agreed upon at the time of sale. Unless otherwise noted, the total price of the Product includes any applicable sales or use taxes. Seller is not responsible for any additional costs you may incur due to currency conversion fees, bank charges, or other third-party fees associated with your payment method.
SECTION 3. ACCOUNT MANAGEMENT
3.1 User accounts created for accessing digital course materials provided by the Seller are personal and non-transferable. Each account is intended for individual use only, and sharing login credentials with others is strictly prohibited. Unauthorized sharing or distribution of course content may result in account suspension or termination without a refund.
3.2 If you need to transfer your account access to another user, you must contact Seller directly to request an account transfer. Approval is subject to Seller’s discretion, and a non-refundable transfer fee of $100 USD will apply. Account transfers must be requested via written communication.
3.3 Seller reserves the right to suspend or terminate any account that violates the terms of use, including but not limited to, unauthorized sharing, misuse of content, or fraudulent activity. Suspended or terminated accounts will not be eligible for refunds or reinstatement unless otherwise determined by Seller in writing.
SECTION 4. COPYRIGHT
The materials and resources provided through the Seller are the exclusive copyright and proprietary intellectual property of the Seller. These materials, including but not limited to video tutorials, sheet music, tablatures, and any other resources, are provided to you solely for personal use as a customer of the Seller. No part of these resources may be stored, reproduced, copied, transmitted, or distributed in any form or by any means (electronic, photographic, mechanical, or any other medium), recorded, translated, or used to create derivative works without the explicit prior written permission of the Seller. Any violation of the terms outlined in this section, or any actions that may lead to the likelihood of such violations, entitles the Seller to seek injunctive relief to prohibit any such unauthorized use or distribution.
SECTION 5. WAIVER OF CLAIMS; DISCLAIMER OF WARRANTIES; EXCLUSION OF DAMAGES; LIABILITY LIMITATIONS
10.1 You hereby do forever waive, discharge, indemnify, hold harmless, agree not to sue, and release the Seller, and its owners, managers, employees, contractors, affiliates, and any other entity involved in the development, administration, hosting, promotion, or implementation of the products and services offered on the Seller's website, as well as the respective owners, managers, directors, members, partners, officers, employees, independent contractors, agents, representatives, successors, and assigns of all of the foregoing (collectively, the "Released Parties"), from and against any liability, illness, injury, damage, loss, known or unknown claims, demands, actions, litigation, or damage of any kind and nature, that may occur, directly or indirectly, whether caused by negligence or not, arising from, related to, or otherwise occurring in connection with the use, misuse, or access to any digital product or service provided by the Seller (“Claims”). You assume all risk of such Claims.
10.2 In consideration of your purchase and use of digital products from the Seller, you hereby acknowledge and agree that:
A. You understand that there can be no assurance that any prior successes or past results in the use of the Seller's products can be used as an indication of your future success or results. You acknowledge that any outcomes are based on many factors. You agree that your success, however defined by you, is your own responsibility, and the Seller assumes no responsibility, fiduciary or otherwise, for your success. You agree that you are aware of your individual limitations and agree not to exceed them.
B. The Seller does not guarantee or imply that you will experience any specific outcome by using its digital products. The Seller’s advice, materials, and digital products, including but not limited to guitar tutorials, sheet music, and other resources, may have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in the Seller’s products, services, or website, should be done only with the knowledge that you may not experience any success at all. All products and services provided by the Seller are for educational and informational purposes only. THE SELLER DOES NOT PROVIDE ANY FINANCIAL, TAX, INVESTMENT, OR LEGAL ADVICE, AND ANY CLAIMS MADE BY THE SELLER SHOULD NOT BE CONSTRUED AS SUCH.
C. You agree that you are solely responsible for conducting your own due diligence when it comes to making decisions based on the Seller’s products and services. All advice, information, products, and services provided should be independently verified by your own qualified professionals before acting on this or any information. The Seller’s advice, information, products, and services should be carefully considered and evaluated before reaching a decision on whether to rely on them. You agree that the Seller is not responsible for the success or failure of your decisions related to any information presented by the Seller's products, services, or employees.
D. The views, opinions, and positions expressed by the Seller’s instructors, contributors, affiliates, or other individuals involved in providing content are theirs alone and do not necessarily reflect the views, opinions, or positions of the Seller. The Seller makes no representations as to the accuracy, completeness, timeliness, suitability, or validity of any information represented by instructors, contributors, or other individuals. You acknowledge that any reliance upon any such information shall be at your sole risk.
SECTION 6. GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement, a purchase or transaction, or any matter concerning the Seller or a customer, shall be governed exclusively by the laws of the Province of Quebec, Canada, without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by an arbitrator or (if applicable) a court of competent jurisdiction to be excluded from the arbitration agreement, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the courts located in the Province of Quebec, Canada. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts' exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis. The parties will bear their own respective costs and attorneys' fees, regardless of which party prevails.