Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AND POLICIES CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY GITTRS.

Agreement:

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT GITTRS.COM (HEREINAFTER COLLECTIVELY REFERRED TO IN THE SINGULAR AS THE “SITE”) AND ALL SERVICES PROVIDED BY GITTRS ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY GITTRS (INCLUDING THE GITTRS APP) AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN. BY USING THE SITE AND SERVICES OFFERED BY GITTRS YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION TO USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

  1. GITTRS is an On-line Marketplace and Shopping Venue
    GITTRS acts as a marketplace/venue to allow affiliated users to offer, sell and buy musical gear, equipment and recordings from other users. While GITTRS has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items.  GITTRS also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. GITTRS encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. By signing the terms of use with your legal signature below, you hereby agree that to the fullest extent protected by law, GITTRS is not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on GITTRS .YOU THE USER HEREBY AGREE THAT YOU ARE USING THE SERVICES OFFERED BY GITTRS AT YOUR OWN RISK AND HEREBY AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 16 BELOW). GITTRS MAKES NO WARRANTIES NOR ASSUMES ANY LIABILITIES (SECTION 12) AND INDEMNITIES AS DESIGNATED IN (SECTION 15) BELOW.
  2. Membership
    1. Age: GITTRS is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, GITTRS’S services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. GITTRS may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use GITTRS’S services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities of the said minor.
    2. Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by GITTRS’S policies as stated in this Terms of Use as well as all other Community Rules, policies and procedures that may be published from time to time on the Site each of which is incorporated herein by reference and each of which may be updated by GITTRS from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by GITTRS from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
    3. Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify GITTRS of any unauthorized use of your password or any breach of security. You also agree that GITTRS cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than GITTRS without GITTRS’S express written permission.
    4. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on GITTRS you must provide and maintain valid payment information such as valid credit card information, contact information and/or a valid PayPal account.
    5. Account Transfer: You may not transfer or sell your GITTRS account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
    6. Right to Refuse Service: ACCESS TO GITTRS’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT GITTRS’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS GITTRS’S SITE. GITTRS will terminate any user who it determines is providing services competitive to GITTRS through the Site or on any other site. GITTRS’S services, and all accesses to the Site, are not available to temporarily or indefinitely suspended GITTRS members. Additionally, GITTRS reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for cause, without notice, and without any right to cure.
  3. Fees and Services
    Joining and setting up a shop on GITTRS is free. GITTRS does not charge fees to list an item for sale. GITTRS does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. GITTRS’S Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for GITTRS’S services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. GITTRS may also choose to temporarily change the Billing Policy and the fees for GITTRS’S services for promotional events (for example, free listing days); such changes are effective when GITTRS posts the temporary promotional event on the Site or otherwise notifies you of the change.Fees and Termination: If GITTRS terminates a listing or your account, if you close your account, or if the payment of your GITTRS’S fees cannot be completed for any reason, you remain obligated to pay GITTRS for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT GITTRS MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST GITTRS FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact GITTRS
  4. Content License
    1. Your Content: GITTRS does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant GITTRS a license solely to enable GITTRS to use any information or content that you supply so that GITTRS is not violating any rights you might have in that content or the intellectual property contained therein. You hereby grant GITTRS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate GITTRS’S ability to use the content consistent with this license, in any media now known or not currently known, with respect to your content. You agree to allow GITTRS to store or re-format your content on GITTRS and display your content on GITTRS in any way as GITTRS chooses. GITTRS can also use any transactional information including sale date and final price for sales completed on GITTRS to effectuate the overall purpose of this agreement.
    2. Personal Information: GITTRS will only use personal information in accordance with GITTRS’S Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another GITTRS user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for GITTRS -related communications. GITTRS has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any GITTRS user to your email or physical mail list.
    3. Re-Posting Content: By posting Content on GITTRS, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold GITTRS harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own GITTRS -hosted image on another website, the image must provide a link back to its listing page on GITTRS site.
    4. Idea Submissions: GITTRS  considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and GITTRS shall not be liable for the disclosure or use of such Material. If, at GITTRS’S request, any member sends Material to improve the site (for example through the Forums or to customer support), GITTRS will also consider that Material to be non-confidential and non-proprietary and GITTRS will not be liable for use or disclosure of the Material. Any communication by you to GITTRS is subject to this Agreement. You hereby grant and agree to grant GITTRS, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for the purpose of supporting sales on its website. Any such use, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, shall go without compensation or accounting to you and without further recourse by you.
  5. Information Control
    GITTRS does not control the Content provided by users that is made available on GITTRS You may find some Content to be offensive, harmful, inaccurate, or deceptive. GITTRS users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using GITTRS, you agree to accept such risks and expressly agree that GITTRS (and GITTRS’S officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on GITTRS Please use caution, common sense, and practice safe buying and selling when using GITTRS Other Resources: GITTRS is not responsible for the availability of outside websites or resources linked to or referenced on the Site. GITTRS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that GITTRS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
  6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
    1. JAMS: In the event a dispute arises between you and GITTRS, please contact GITTRS immediately. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Baldwin County, Alabama, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
    2. Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
    3. Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
    4. Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Alabama. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
    5. Limitations Period: You and GITTRS agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
    6. Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, YOU RELEASE GITTRS (AND GITTRS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. GITTRS encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
      GITTRS, may try to help users resolve disputes. GITTRS does so in its sole discretion, and GITTRS has no obligation to resolve disputes between users or between users and outside parties. To the extent that GITTRS attempts to resolve a dispute, GITTRS will do so in good faith based solely on GITTRS’S policies. IN THE EVENT GITTRS INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE GITTRS (AND GITTRS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.
      If you do not respond to GITTRS’S inquiry regarding a dispute within forty-eight (48) hours, GITTRS’S reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.
      For disputes located in the EU, the European ADR Directive (EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Sellers will be obliged to provide their email address in order to use the ODR platform.
    7. Feedback: GITTRS WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF GITTRS’S POLICIES AS DETERMINED BY GITTRS IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
    8. Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE GITTRS (AND GITTRS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.
  7. PayPal Credit and how it works:
    https://www.paypal.com/us/smarthelp/article/what-is-paypal-credit-and-where-can-i-use-it-faq4150
  8. Email Communications
    By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with GITTRS and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text or message communications from GITTRS You hereby expressly consent to communications of any kind from GITTRS to the fullest extent permissible by law.When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to GITTRS Please note that some changes to your account settings may take a few days to take effect.
  9. GITTRS Intellectual Property
    GITTRS, and other GITTRS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of GITTRS or its affiliated companies in the U.S. and/or other countries. GITTRS’S trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of GITTRS
  10. Access and Interference
    GITTRS may contain robot exclusion headers which contain internal rules for software usage. Much of the information on GITTRS is updated on a real-time basis and is proprietary or is licensed to GITTRS by GITTRS’S users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access GITTRS for any purpose whatsoever, except to the extent expressly permitted by GITTRS’S with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in GITTRS’S sole discretion, an unreasonable or disproportionately large load on GITTRS’S infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass GITTRS’S robot exclusion headers or other measures GITTRS may use to prevent or restrict access to GITTRS
  11. Breach of GITTRS Terms of Use and Policies
    Without limiting its legal recourse or any other remedies, GITTRS may, without notice, and without refunding any fees, delay or immediately remove Content, warn GITTRS’S community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) GITTRS suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy, the Community Rules or other policies and community guidelines incorporated herein; (b) GITTRS is unable to verify or authenticate any of your personal information or Content; (c) GITTRS believes that a user is acting inconsistently with the letter or spirit of GITTRS’S Community Rules or policies; or (d) GITTRS believes a user has engaged in improper, illegal or fraudulent activity in connection with GITTRS or the actions may cause legal liability or financial loss to GITTRS’S users or to GITTRS Notwithstanding the foregoing, GITTRS retains the right to suspend or terminate a user without cause at GITTRS’S sole discretion. Use of the Site is a privilege, not a right.
  12. No Warranty
    GITTRS IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE. HOWEVER, WE ARE NOT PERFECT. SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE AND NO ACTIONS UNDER THESE THEORIES SHALL BE POSSIBLE.
    WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT A PARTICULAR TIME OR LOCATION; (II) GITTRS WILL DO ITS BEST TO CORRECT ANY DEFECTS OR ERRORS HOWEVER, ANY DAMAGE DONE BY ERRORS OR OMISSIONS SHALL NOT CAUSE GITTRS TO BECOME LIABLE; (III) GITTRS DOES IN NO WAY GAURANTEE THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
    GITTRS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE GITTRS’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. GITTRS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GITTRS SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  13. Limitation of Liability
    IN NO EVENT SHALL GITTRS, AND (AS APPLICABLE) GITTRS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GITTRS’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. GITTRS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GITTRS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GITTRS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  14. CITES and Claims Release for trafficking in Rosewood
    The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife.  Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. For years, Rosewood has been used to manufacture musical instruments dictating that the cross-border transfer of musical instruments containing even limited amounts of Rosewood may be subject to the prohibitions set forth in CITES. Accordingly, by selling and shipping an instrument internationally, you acknowledge that GITTRS has informed you of the potential prohibitions set forth in CITES.  AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES.  YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST GITTRS RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD GITTRS AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS.  YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST GITTRS.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
  15. Indemnity
    YOU AGREE TO INDEMNIFY AND HOLD GITTRS AND (AS APPLICABLE) GITTRS’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, THE PRIVACY POLICY, THE COMMUNITY RULES OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.
    We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
  16. No Guarantee of Continuous Service
    GITTRS does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside GITTRS’S control. In the event of such an interruption, GITTRS shall use best efforts to correct the problems with the site and to repair its use and restore access. No liability shall attach to these efforts in fixing or correcting said problems.
  17. Copyright Policy & Intellectual Property Policy
    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact GITTRS DMCA agent who can be located here.
  18. Trademarks for Modified Instruments
    Users of the Site who engage in modifications of instruments or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but GITTRS will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).
  19. GITTRS Websites and Mobile Apps
    GITTRS websites and Mobile App Terms of Use are located here. By utilizing GITTRS Sites (including the GITTRS App), you acknowledge that GITTRS is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the GITTRS Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your GITTRS Site and with respect to any and all intellectual property or proprietary information applicable to your product.
  20. GITTRS Integrations
    Your use of GITTRS Integrations indicates your assent to GITTRS’S Terms and Policies contained herein. By utilizing GITTRS Integrations, you acknowledge that GITTRS is providing an integration of the GITTRS.COM platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing GITTRS Integrations. While GITTRS is providing GITTRS Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the GITTRS Integrations user. You hereby waive any and all claims against GITTRS , its officers, directors, employees and agents related to the use, maintenance, design and content of your GITTRS Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your GITTRS Integration(s). You further agree to indemnify and hold GITTRS harmless for any third party claims or complaints associated with your use of GITTRS Integration(s). GITTRS Integrations are provided “as is” and with all faults. DO NOT UTILIZE GITTRS INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.
  21. Your Responsibility for Legal Compliance and Taxes
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any GITTRS services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on GITTRS’S net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. GITTRS cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; GITTRS assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through GITTRS Paypal will be responsible for sending sellers a Form 1099 in accordance with State and Federal laws and you will be obligated to pay income tax on your earnings. GITTRS is not responsible, in any manner, for paying taxes on your earnings, collecting or remitting sales tax or any other tax obligation through your use of the Site.
  22. Proposition 65 – California
    The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products.  Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
    WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
    WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
    We encourage all GITTRS users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents.  You can include warnings in your item descriptions on GITTRS You agree to indemnify and hold GITTRS harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
  23. Severability and Survivability
    If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect. All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
  24. No Agency
    You and GITTRS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  25. Modification of Service or Terms and Policies
    GITTRS reserves the right to modify or terminate the GITTRS service for any reason, without notice, at any time, to the maximum extent permitted by law. GITTRS reserves the right to alter these Terms of Use, including the Privacy Policy, the Community Rules or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.
  26. Choice of Law
    This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Alabama, excluding its conflicts of laws rules, and those applicable laws of the United States of America.
  27. Sanctioned Countries, Politically Exposed Persons and Endangered Species
    GITTRS does not currently support transactions to, from or involving any comprehensively sanctioned countries (the “Sanctioned Countries”) or with any Politically Exposed Persons (“PEPs”). Additionally, listings with brand new items made in the Sanctioned Countries will be removed, if found. Used items that were made in the Sanctioned Countries may be allowed, provided they do not violate any other Terms of Use. Decisions will be made at the sole discretion of GITTRS Any items made from materials derived from endangered species will be removed if found on the Site.
  28. Notices
    Except as explicitly stated otherwise, any notices shall be given by postal mail to GITTRS; Attn: Legal Department; 2074 S, Mckenzie St Unit 331 Foley, AL 36535 (in the case of GITTRS) or, in your case, to the email address you provide to GITTRS (either during the registration process or when your email address changes). Notice posted to your user dashboard or notice posted to the Site shall be deemed sufficient 24 hours after email is sent or notice is posted. Alternatively, GITTRS may give you notice by certified mail, postage prepaid and return receipt requested, to the address you provided to GITTRS In such case, notice shall be deemed sufficient three days after the date of mailing.
  29. Disclosures
    The services hereunder are offered by GITTRS, located at 2074 S, Mckenzie St Unit 331 Foley, AL 36535 . If you are an Alabama resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
  30. Signatures:
    User hereby agrees to the above Terms and Conditions of this Agreement – Effective Date: April 20 2022.