Disclaimer of Warranties, Limitations of Liability

THIS WEBSITE IS PROVIDED BY MOJO HAND GUITARS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOJO HAND GUITARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, DESCRIPTIONS, COMMENTS, MANUSCRIPTS, TEXT OR PRODUCTS PROVIDED TO CLIENTS OR INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PRODUCTS, SERVICES, OR THIS WEBSITE IS AT YOUR OWN OWN SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOJO HAND GUITARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF LEGAL SUFFICIENCY, MERCHANTABILITY OR PROTECTION OF LAWS FOR A PARTICULAR PURPOSE. MOJO HAND GUITARS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOJO HAND GUITARS OR ANY DERIVATIVE THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOJO HAND GUITARS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR ANY OF ITS DOCUMENTS, SERVICES OR AGREEMENTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EQUITABLE AND CONSEQUENTIAL DAMAGES. IN NO EVENT WILL MOJO HAND GUITARS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, PROPERTY, EQUITY, ASSETS AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICE, OR ANY INFORMATION, FORMS, DOCUMENTS OR TRANSACTIONS PROVIDED ON OR FROM THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF MOJO HAND GUITARS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MOJO HAND GUITARS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

CUSTOMER AGREES THAT USE OF THE SERVICE THAT MOJO HAND GUITARS PROVIDES IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO HOLD MOJO HAND GUITARS AND IT'S AFFILIATES AND EMPLOYEES HARMLESS FROM ALL CLAIMS.

MOJO HAND GUITARS PROVIDES NO OTHER SEPARATE OR DISTINCT WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOJO HAND GUITARS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCT SOLD TO YOU, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.  MOJO HAND GUITARS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES AND SUPPORT.

MOJO HAND GUITARS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY OTHER MEANS NOT STATED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, MOJO HAND GUITARS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. 

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, ERROR, DEFECT, DELAY, OR OMISSION IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Other Businesses

Parties other than Mojo Hand Guitars and its affiliates or subsidiaries operate stores, provide services, or sell product lines on their online store sites UNDER SPECIFIC AGREEMENT. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Mojo Hand Guitars does not assume any responsibility or liability for the actions, product, and content of all these and any other agents or any third parties. You should carefully review their privacy statements and other conditions of use.

Descriptions

Mojo Hand Guitars and its affiliates attempt to be as accurate as possible. However, Mojo Hand Guitars does not warrant that product descriptions or other content of this site or their book is accurate, complete, reliable, current, or error-free, and as such may be changed, modified, deleted or otherwise without prior notice. If a product offered by Mojo Hand Guitars is not as described; your sole remedy is to return it to the agent or retailer where the product was purchased with a full receipt and proof of purchase. If you need to return a product purchased from or on this web site, you may return it directly to Mojo Hand Guitars only in its unused condition.

Disputes

Any dispute or suit, relating in any way to your visit, services, communications, forms or documents, or experiences and dealings with or to Mojo Hand Guitars.com or any Mojo Hand Guitars web site or agent shall be submitted to confidential binding arbitration in Fort Lauderdale, Broward County, Florida at your cost, except that to the extent you have in any manner violated or threatened to violate Mojo Hand Guitars intellectual property rights, terms and conditions enumerated herein or other implied rights by law. Mojo Hand Guitars may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction under common law, firstly in the State of Florida, County of Broward, and you hereby fully agree, grant, contract and consent to exclusive jurisdiction and venue in such non-administrative courts. Binding arbitration under this agreement shall be conducted under the current rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Laws and Statutes

By visiting Mojo Hand Guitars.com, you agree that the General Laws of the State of Florida, and its statutes, and this contractual agreement without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mojo Hand Guitars or its affiliates. We reserve all rights to contract under the applicable trust, equity, statutory and contract laws of the company's jurisdiction.

Information Acquired

We may receive and store any information you enter on the Mojo Hand Guitars.com website, or information that you give us by any other means. You can choose not to provide us with certain information that we request, but by doing so, you might not be able to take advantage of some of our special features, services, opportunities, etc., such as future services, contests, drawings, offers, or giveaways. We may collect information on what pages consumers access or visit and information freely given and volunteered by you, the consumer, such as survey information, submission of materials, photographs, messages, links, etc. and/or site registrations. If you desire that your personal information disclosed by you on this Mojo Hand Guitars web site not be rented, sold, or exchanged or that you not receive any future solicitations from Mojo Hand Guitars related to the information you disclose on this Mojo Hand Guitars website, send an email request to Mojo Hand Guitars at the address listed below. Mojo Hand Guitars website participants must be aware that when they disclose personal information on bulletin boards, through web site links, forums, or in chat room areas, that the information submitted to them, and any or all other information, can be collected and used by others and may result in unsolicited messages from other parties. Mojo Hand Guitars does not bear any responsibility for any actions or policies of third parties receiving your information. Individuals who supply us with their telephone number may receive telephone contact from us with information regarding orders, products, or services they may have placed online or otherwise contracted for. Please provide us with your correct contact information and phone number so we can assure your quality transaction and experience with us.

Cookies

Although we do not condone the use of this technology and believe in total and absolute privacy, we may automatically receive and store certain types of information when you interact with us on our web site. For example, we may use cookies and we may obtain some information when your web browser accesses Mojo Hand Guitars.com or any link or affiliated website. Cookies are identifying source codes that are downloaded to your computer's hard drive through your web browser to enable our computers to recognize your browser and configuration, and to provide certain other features such as personal preferences and identification verification. We use this information and data for our sole use. We will not and do not sell or divulge your personal information, nor will we spam you.

Minor’s Privacy

The Children’s Online Privacy Protection Act imposes certain requirements on websites. We do not knowingly collect any personal information from children under the age of 18 on our Web site. No one under the age of 18 should submit any personal information without the express written consent of a parent or legal guardian.

Acceptance of Terms and Conditions

By accepting that you understand this entire disclaimer, which you have by accessing this communication and information, you represent that you have full legal rights to contract and you are without legal disability. You agree that you have read the disclaimer and all of the terms and conditions stated herein and you agree that you fully understand its legal meaning, or that you have sought the advice of competent legal counsel and said counsel has explained the legal meanings herein to you, or that you have waived the right to seek the advise of an attorney as you fully understand the legal meaning of this total disclaimer: The primary function of this website is for business and/or educational purposes only. Prior to using or applying any of this information you should seek the advise of attorney. You are hereby given notice and grace that you are fully responsible for all of your actions and Mojo Hand Guitars makes no representations, guarantees, warrantees, implied or otherwise, as it relates to the information and material herein or supplied. Do not depend on the articles, links, text, documents, forms or advertisements within Mojo Hand Guitars news magazines/letters or web sites to illustrate anything more than the opinions or experiences of others. Mojo Hand Guitars also maintains this website for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for browser display purposes, except as specified above under "Conditions of Use" for non-commercial, personal use only provided you also retain all copyright and other proprietary notices and watermarks contained on the materials and credit Mojo Hand Guitars. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Mojo Hand Guitars written permission. Your access to and use of the Site is also subject to the aforesaid and the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other written or verbal agreements between you and Mojo Hand Guitars are superseded and of no force or effect. 

Return Policy 

Every item we ship or sell is carefully inspected before it is shipped. If merchandise is found to have been shipped in error, ( if you got what you ordered, It's YOURS ) or is defective or damaged upon receipt please contact us immediately after your package arrives for a return authorization and shipper claim number. ALL CLAIMS MUST be made within 14 days of receipt of order and must also be made to the Carrier. There is a 15% restocking fee and SHIPPING CHARGES WILL NOT BE REFUNDED. Returned products must be in absolutely new and unused condition for refund. Absolutely no returns after 30 days. For instructions on returning your order, please make your inquiry HERE. If for any reason you're not completely satisfied with your purchase, simply return it in its original condition within 30 days of the face-to-face purchase date or online purchase shipment date for a refund of labor expenses. A partial labor refund consists of the purchase price of the product(s) less the actual and estimated costs incurred by us in acquiring the necessary parts and materials to produce your product(s).  

Other Terms and Conditions

The rights to the name, licenses, trademarks, trade names, copyrights, etc., are granted under license from Mojo Hand Guitars. You should assume that everything you are provided, communicated to, see or read on the Site is copyrighted and is considered intellectual property unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Mojo Hand Guitars. Mojo Hand Guitars neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Mojo Hand Guitars. While Mojo Hand Guitars uses reasonable efforts to include accurate and up to date information in the Site, Mojo Hand Guitars makes no warranties or representations as to its accuracy. Mojo Hand Guitars assumes no liability or responsibility for any errors or omissions in the content of the Site. Your use of and browsing in the Site are at your own sole risk. Neither Mojo Hand Guitars nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and may at our discretion  be treated as business communications, or  non-confidential and non-proprietary. Mojo Hand Guitars or his affiliates may use anything you transmit or post for any legitimate purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting under applicable laws. Furthermore, Mojo Hand Guitars is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Images of people or places displayed on the Site are either the property of, or used with permission by, Mojo Hand Guitars. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. 

Any unauthorized use of the images may violate copyright laws, trademark laws, intellectual property laws, patents, the laws of privacy and publicity, and telecommunications regulations and statutes. The trademarks, logos, designs, patterns and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Mojo Hand Guitars, MHG, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Mojo Hand Guitars or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Mojo Hand Guitars will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Mojo Hand Guitars has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. 

Although Mojo Hand Guitars, its affiliates or employees may from time to time monitor, participate in, or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Mojo Hand Guitars is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. We do not condone defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to any tort or civil liability, or otherwise violate any law, or statute, discredit, demean or be demoralizing or slanderous to Mojo Hand Guitars. Mojo Hand Guitars will fully cooperate with any law enforcement authorities or court order requesting or directing Mojo Hand Guitars to disclose the identity of anyone posting any such information or materials. 

Documents, text, graphics, code, or software from this Site is further subject to United States Export Controls. No documents, text, graphics, code, or software from this Site may be downloaded, transmitted or exported into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the documents, text, graphics, code, or software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Mojo Hand Guitars may at any time revise these Terms and Conditions by updating this posting at their leisure and at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are legally and wholly bound. Any rights not expressly granted herein are fully reserved by Mojo Hand Guitars.

If you visit Mojo Hand Guitars.com, or request our information or services, request or accept documentation for filing forwarded to you, in good faith or otherwise, or contract verbally or in writing to accept our services, or engage or utilize the Company’s services, you are hereby fully accepting these terms and conditions of use and other applicable enforceable contracts and company policies. You (referred to herein as “Client”), do agree to the following upon accessing Mojo Hand Guitars, (referred to herein as the “Company”), website, communicating with, or requesting documents or forms or information or providing filing services for the Client:

Client understands that, in order for the Company to provide proper services to the Client, the Company must be in possession of all relevant information and facts concerning Client and Client's requirements. Client represents and warrants that he/she shall be truthful with the Company and that he/she will disclose all information necessary for the Company to carry out the services requested on Client's behalf. The Company shall carefully maintain the Attorney-in-fact-Client privilege and will not disclose any information to third parties unless the Company in its discretion believes such disclosure is necessary to carry out the services set forth in this agreement on Client's behalf and is in the Client's best interests or that which is required by applicable law. Client further represents and warrants that Client is not engaging the Company’s services as an instrument of fraud for any improper or illegal purpose or activity including but not limited to actual or attempts to evade, hinder, delay, defraud, or avoid attachment of Client's monies or property by known and/or existing or future creditors, is not engaged in fraud, fraudulent, egregious or reprehensible conduct, improper interference or transfer of community or marital property or illegal tax evasion or other said acts toward any entity or person.

Client also understands and agrees that, in the event that Client has employed the Company services for any improper purpose in addition to those stated herein, that the Company will immediately withdraw from the services rendered of and to Client without refund of any portion of the fees paid to the Company by Client. Client agrees to indemnify and hold the Company harmless and to indemnify and to defend the Company against any and all loss, damages, costs, claims and expenses that may be incurred for any reason. Client represents that the Company is not liable and is held harmless for any and all local or county government office, agent or sub-contractor delay, loss, incompetence or mishandling. In no event shall Mojo Hand Guitars or its agents be liable for any incidental, special, indirect or consequential damages, whether resulting from the use, misuse, or inability to use the product or services provided or from any and all defects in the product or services.

If this or any other agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.  

This agreement may not be modified by subsequent agreement of the parties but may be amended only by an instrument in writing signed by both of them or by an oral agreement to the extent the parties carry it out.  

The effective date of this agreement will be the date when, having been accessed by Client, it is received by the Client on Client's computer, from the Company and the Company receives the communication, request or and initial deposit required by this agreement.  

Client understands that this agreement and incorporated terms and conditions creates a binding contract. Client is advised that Client has the right to seek review of this agreement by independent counsel of Client’s choice and Client acknowledges by verbal acceptance or request for documents or by signing this agreement that Client is aware of this right, has taken adequate time to obtain such review, if desired, and has either waived or exercised said right as of the date of signing this agreement. I have read the terms of this fee agreement and I understand, agree, and accept all of the terms.  

If you would like further information, or have any questions about our privacy policy or terms of use, please write to us at:

Mojo Hand Guitars
8708 SW 55 Street
Cooper City, FL 33328-4324