terms & conditions
Terms, Conditions, and Disclaimers
Last Updated: Jan. 3, 2025 at 1:30PM EST
These Terms, Conditions, and Disclaimers ("Terms") govern your use of Guitos LLC's website (the "Site") and the purchase of products through our online store. By accessing or using this Site, you ("User", "you", "your") agree that you are of legal age where you live and that you will comply with and be bound by these Terms. If you do not agree to these Terms, you are not allowed to use the Site. Violating these Terms may expose you and others to legal recourse.
1. General Information
Guitos LLC ("we", "our", "us", or "Guitos") is the owner and operator of the Site. We offer products for sale and provide information related to our services and other information through the Site.
We reserve the right to modify, update, or change these Terms at any time without prior notice. Please review these Terms regularly to stay informed of any updates.
2. User Responsibilities
- General Responsibilities and Age of Consent
- You agree to comply with all applicable laws, regulations, and rules governing your use of this Site and services. This includes being of legal age and authority in the region in which you reside. We do not wish to obtain any personally identifiable information from you -- including name, photo, email, phone number, address -- if you are under the legal age of consent where you live. So, children: go tell your parents or guardians that you'd like to visit the Guitos online store together and buy some cool stuff with them.
- You are responsible for maintaining the confidentiality of any account information, including login credentials, passwords, and personal data associated with your account.
- You agree to provide accurate, current, and complete information when creating an account or making purchases, and for signing up for mailing lists and promotions, and to update this information as necessary.
- You are responsible for ensuring that your access to this Site is not interrupted or hindered by any technical or security issues on your end, including but not limited to internet connectivity or device compatibility.
- Prohibited Conduct
- Illegal Activities
- Violation of laws: You may not use this Site to engage in activities that violate any local, state, national, or international laws or regulations, including but not limited to intellectual property laws, data protection laws, or consumer protection laws.
- Fraudulent activities: You must not use this Site for fraudulent purposes, including but not limited to impersonating others or providing false or misleading information.
- Posting others' information: You must not post or share private or personally identifiable information about other users or third parties without their explicit consent. This includes, but is not limited to, addresses, phone numbers, email addresses, or financial information.
- Harmful Content
- Malicious activities: You may not upload, transmit, or distribute any viruses, malware, or other harmful code or software that could damage, disable, or disrupt the functionality of this Site, its services, or the devices of other users.
- Hate speech, harassment, and threats: You must not use the Site to post or share content that is threatening, defamatory, discriminatory, obscene, or otherwise offensive or illegal, including hate speech or content promoting violence or harm against others.
- Intellectual property infringement: You may not upload, distribute, or share content (e.g., images, videos, text, etc.) that infringes the intellectual property rights of others, including copyrights, trademarks, or patents, unless you have the appropriate rights or permission to use the content.
- Unauthorized Access
- Unauthorized use: You may not attempt to gain unauthorized access to this Site or any associated systems, networks, or data, including bypassing security protocols or attempting to disrupt or interfere with the operation of the Site or its services.
- Account hijacking: You are prohibited from accessing another user’s account or account information without their permission or engaging in any activities intended to steal or manipulate another user’s account or personal information.
- Spamming and Advertising
- Spam: You may not use this Site to send unsolicited bulk messages (spam) to other users or to use the Site for any other form of unsolicited advertising or solicitation.
- Unapproved marketing: You may not engage in unauthorized marketing activities, including using the Site to promote, advertise, or sell third-party products or services without prior written consent.
- Disruption of Service
- Interference with site operations: You must not engage in any activity that could disrupt, overburden, or impair the functionality of this Site, including excessive data scraping, bot usage, or other automated activities that could negatively impact the user experience for others.
- Misuse of feedback or reviews: You may not post reviews or feedback that are false, misleading, or intended to manipulate the rating system of products or services offered on this Site.
- Ownership and rights: You retain ownership of any content you post on the Site, including comments, reviews, photos, and videos. However, by posting content, you grant the Site, Guitos and its partners and affiliates a non-exclusive, royalty-free, perpetual license to use, display, modify, and distribute the content in connection with the Site, Guitos and their services, both online and offline.
- Content guidelines: You agree not to upload, share, or post any content that violates the rights of others, including intellectual property rights or privacy rights. You are solely responsible for any content you submit.
4. Respect for Others
- If somehow you come into contact with other Site users or Guitos customers and fans, you are expected to treat all with respect and courtesy. It's just a great way to live life, period.
5. Reporting Violations
- If you become aware of any user engaging in prohibited conduct or violating these terms, we encourage you to report the issue to us immediately at info@guitos.shop with "Site Violation" in the subject line of your message. We take violations seriously and reserve the right to suspend or terminate user accounts found to be in violation of these terms.
6. Enforcement of User Conduct
- Monitoring: We reserve the right, but are not obligated, to monitor user activity on the Site to ensure compliance with these conduct guidelines. We may investigate complaints, conduct audits, and take appropriate action, including removing content or suspending accounts, without prior notice.
- Termination of access: If we determine, in our sole discretion, that a user has violated any part of these Terms, we may suspend or terminate their account and restrict their access to the Site and its services, with or without notice.
7. Privacy Policy, Data and Cookie Collection, and Data Sharing
- We take your privacy seriously. Please refer to our Privacy Policy and Cookie Policy for detailed information on how we collect, use, and protect your personal data.
- Here, it is important to share with you: We do not sell your information.
8. Payment Information
- When you make a purchase on our Site, we process payments through secure third-party payment gateways, including but not limited to Shopify Payments ("Shop Pay") and PayPal. By processing an order, you understand that select and sensitive information will be accessed and handled by said processor. We do not store your credit card information. All payment data is handled by the payment processor, and we encourage you to review your chosen processor's individual privacy policy.
9. Shipping and Delivery
- We use third-party shipping services to fulfill and deliver your orders and returns, including UPS, FedEx, U.S. Postal Service, and others. By placing an order, you consent to the sharing of your shipping information with our shipping partners for the purpose of fulfilling your order and for other purposes as detailed in our Privacy Policy.
- NOTE: While we aim to provide timely delivery, we are not responsible for delays caused by the shipping carriers, customs, or other external factors.
- Shipping carriers may also collect additional information, such as delivery status updates and tracking data, which are governed by their individual privacy policies.
10. Returns, Refunds and Exchanges
We aim to provide high-quality products and customer satisfaction. If you are not satisfied with your purchase, or did not receive your order, please refer to our Return Policy. Third-party partners may assist in managing returns and refunds. By entering into a purchase on the Site, you indicate that you have read and agree to abide by our return, refund and exchange policies.
11. Product Reviews and Ratings
We encourage customers to leave reviews and ratings for the products they purchase. We utilize the Judge.Me app to collect these reviews. By submitting a review, you grant us full permission without limitation to use the content of your review on our Site, in other marketing materials and other ways, both online and offline.
You are clearly welcome to leave reviews of any kind on the Site, although 5-star ratings are our favorite -- and we welcome all detailed constructive criticism at info@guitos.shop to help make our Site, company and products better. We are a hard-working small business with big heart. Thank you for taking the time to share your feedback in a kind way.
12. Discounts, Promotions and Giveaways
At checkout, we allow "stacking" or combined/simultaneous usage of (A) automatic discounts (example: on the Site, it indicates "Spend $150, Get $15 Off" that applies automatically when your order reaches this threshold) with (B) gift cards / gift card codes that were purchased at full price.
You are not permitted to stack or combine (A) two discount/promotional codes that need to be manually entered at checkout, nor combine (B) one manual discount/promo code and an automatic site discount. For example: If you have one $5 Off code, and another for 10% Off, the one offering you the greatest discount will be applied.
For sweepstakes-style (no financial cost to enter) giveaways on this Site or Guitos LLC social media channels, all contestants must be at least 18 years of age to win. Proof of legal age may be requested and required in order to receive your prize. In winning, you agree to provide us with your full name, address and email address for our customer records, and agree to be added to our email list. You are personally responsible for any and all state and federal taxes potentially due by you for receiving said prize; we encourage you to consult a tax professional with any questions or concerns.
You agree to hold Guitos LLC completely harmless with respect to all sweepstakes, contests, promotions and offers, special events, etc. - please see Section 15 below for further details.
13. Intellectual Property
All content on this Site, including but not limited to text, images, logos, graphics, and software, is the property of Guitos LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, or distribute any of this content, in any form or format, without our advanced and express written permission.
14. Disclaimers and Limitation of Liability
- About page and External Third-Party Websites
- The information provided on the About page, third-party website links, on Guitos LLC social media channels, the Site overall, or elsewhere, should in no way be construed as a Guitos LLC endorsement of any entity, organization, or individual, nor should it be construed as Guitos LLC encouraging purchases from, or service sign-ups with, any entity, organization, or individual. We do not control these third-party sites and are not responsible for their content, privacy practices, terms of service, business operations, or services, period. By visiting and engaging in these sites, you release Guitos LLC from any and all claims and liability.
- Guitos LLC receives no direct financial reward or "kick-back" from third-party linked entities, organizations, or individuals in return for Site visitors accessing these third-party sites through the Site or for you forming a customer/business or other relationships with these entities, organizations, or individuals.
- Purchasing or otherwise possessing a Gekofam NFT will not grant the asset purchaser or holder the rights to re-produce and sell that NFT's artwork on products or otherwise conduct business similar to that of Guitos LLC. Owning an NFT may provide you with personal use and enjoyment only. Guitos LLC has previously secured exclusive assignment and arrangements with Gekofam (i.e. its Artist/Creator and Project Manager) to reproduce and sell products bearing the art for which Guitos LLC has been granted and received full copyrights.
- Nothing contained on this Site, on Guitos LLC social media channels or elsewhere, shared or stated in any form, should be construed as financial, legal, mental health or other regulated, license-required advice from Guitos LLC.
- Opinions, posts and statements by third-party linked website entities, organizations, owners, managers, team members, affiliates and community members, on their websites, social media channels, or elsewhere, should not be construed as the views or opinions of Guitos LLC.
- Personal views and opinions of the Guitos LLC founder on social media or elsewhere should not be construed as the official view or opinion Guitos LLC.
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Accuracy of Information: While we make every effort to ensure the accuracy of the information on this Site, we do not guarantee that it is error-free, complete, or up-to-date. Product prices and availability are subject to change without notice.
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Limitation of Liability: To the fullest extent permitted by law, Guitos LLC shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or Guitos LLC social media channels, your purchase of products, product deliveries alleged to be or in fact stolen or otherwise missing from your delivery location, or your accessing or using content on linked third-party websites.
15. Indemnification
- You agree to indemnify, defend, and hold harmless Guitos LLC and its members/owners, affiliates, employees, and partners from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Site, other sites you may visit via weblinks provided on the Site, Guitos LLC social media channels, sweepstakes, contests, promotions and promotional events, giveaways, or violation of these Terms.
16. Governing Law
- These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts in the United States. Any disputes related to these Terms shall be resolved in the courts located in the Commonwealth of Massachusetts.
17. Contact Information
If you have any questions or concerns about these Terms, please contact us in writing at:
Guitos LLC
Attn: Terms & Conditions
400 TradeCenter, Suite 5900
Woburn, MA 01801
info@guitos.shop