EGA Guitars Terms of Service

Last Updated: September 11, 2026

These Terms of Service (“Terms”) govern your access to and use of the websites, online store, mobile applications, customer account features, communications, and other services operated by EGA Guitars LLC (“EGA Guitars,” “EGA,” “we,” “us,” or “our”), collectively, the “Services.”

By accessing or using the Services, creating an account, submitting an order, purchasing a product, or otherwise affirmatively agreeing to these Terms, you agree to be bound by these Terms and the policies incorporated into them.

These Terms contain a Binding Individual Arbitration Agreement and Class Action Waiver that affect your legal rights. Please review the Dispute Resolution section carefully.

If you do not agree to these Terms, you should not use the Services.

1. Incorporated Policies

These Terms should be read together with EGA Guitars’ other applicable policies, including:

• Return & Refund Policy

• EGA Guitars 1-Year Limited Warranty

• Privacy Policy

• Shipping Policy

• Sell Your Gear & Trade-In Terms

• Product-specific terms

• Promotional terms

• Financing terms

• Marketplace terms applicable to a particular transaction

Those policies are incorporated into these Terms to the extent applicable.

If a transaction occurs through a third-party marketplace and a mandatory marketplace requirement conflicts with these Terms, the marketplace’s mandatory requirement will control that particular transaction to the extent required.

2. Eligibility

You must be legally capable of entering into a binding agreement to make a purchase through the Services.

If you are under the age of majority where you reside, you may use the Services only with the involvement and supervision of a parent or legal guardian.

By placing an order, you represent that you are legally authorized to enter into the transaction.

3. License to Use the Services

Subject to these Terms, EGA Guitars grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for lawful personal purposes.

No ownership rights in the Services or EGA Guitars content are transferred to you.

EGA Guitars may revoke or restrict this license when permitted under these Terms or applicable law.

4. Account Information and Security

Certain features may require or permit creation of a customer account.

You agree to provide accurate and reasonably current information.

You are responsible for maintaining the confidentiality and security of your account credentials, passwords, email account, authentication codes, and other methods of account access.

You must promptly notify EGA Guitars if you believe your account has been compromised or used without authorization.

You may not impersonate another person, provide materially false account information, or access another person’s account without authorization.

5. Account Restrictions

EGA Guitars may reasonably restrict, suspend, or terminate account access where necessary to investigate or address:

• Fraud

• Suspected fraud

• Security concerns

• Unauthorized payment activity

• Return abuse

• Warranty abuse

• Chargeback or payment-dispute abuse

• Violations of these Terms

• Unlawful activity

• Threats or harassment

• Other conduct materially harmful to EGA Guitars, its customers, employees, service providers, or legitimate business interests

6. Submission of Orders

Submitting an order constitutes an offer to purchase the identified product or service subject to these Terms and any applicable product-specific terms.

An automated order confirmation acknowledges receipt of the order but does not necessarily constitute final acceptance where additional verification, inventory confirmation, fraud review, payment authorization, or other processing is reasonably required.

7. Order Acceptance, Refusal, Limitation, and Cancellation

EGA Guitars reserves the right, to the extent permitted by applicable law, to accept, reject, hold, limit, or cancel an order based upon legitimate business, operational, security, inventory, or compliance considerations.

This may include:

• Product unavailability

• Inventory discrepancies

• Duplicate sales

• Simultaneous purchases

• Pricing errors

• Listing errors

• Payment failure

• Failed authorization

• Suspected fraud

• Unauthorized payment use

• Address-verification issues

• Shipping restrictions

• Quantity limitations

• Marketplace errors

• API or inventory-synchronization failures

• Technical errors

• Legal or regulatory restrictions

• Suspected abusive purchasing activity

• Other legitimate operational circumstances

EGA Guitars may also limit quantities or prohibit transactions by customer, household, account, payment method, credit or debit card, billing address, shipping address, geographic region, or jurisdiction.

EGA Guitars may limit or decline transactions that reasonably appear to involve unauthorized resale, fraud, abuse, circumvention of purchase restrictions, or other activity inconsistent with these Terms.

If EGA Guitars cancels an order after payment has been captured, EGA Guitars will provide an appropriate refund for the cancelled amount.

8. Serialized and Limited-Quantity Inventory

Many instruments sold by EGA Guitars are individual serialized products and may exist in a quantity of only one.

EGA Guitars may simultaneously offer inventory through multiple EGA-operated sales channels and marketplaces.

Although EGA Guitars uses inventory-management and synchronization systems, delays, API interruptions, marketplace delays, integration failures, communication errors, simultaneous purchases, or other circumstances may occasionally result in an item appearing available after it has already been sold or otherwise become unavailable.

If this occurs, EGA Guitars may:

• Cancel and refund the affected order

• Offer a comparable replacement

• Offer another available product

• Provide store credit where mutually acceptable

• Offer another appropriate resolution

A customer is not required to accept a substitute product.

The appearance of a product as available does not guarantee continued availability.

9. Pricing, Typographical, Listing, and Technical Errors

EGA Guitars makes reasonable efforts to maintain accurate information.

However, the Services may occasionally contain errors, inaccuracies, or omissions involving:

• Product descriptions

• Specifications

• Pricing

• Discounts

• Promotions

• Offers

• Shipping charges

• Transit estimates

• Availability

• Inventory

• Images

• Product classifications

• Other information

EGA Guitars may correct such errors when discovered.

If a material error affects an order, EGA Guitars may contact the customer with corrected information, permit the customer to proceed under corrected terms, or cancel and refund the affected transaction.

EGA Guitars is not obligated to complete a transaction at a price resulting from an obvious or material pricing error except where applicable law requires otherwise.

10. Product and Manufacturer Information

EGA Guitars makes reasonable efforts to accurately describe the products it sells.

Certain specifications may originate from manufacturers or other third-party sources and may change without notice.

Colors and finishes may vary based upon lighting, photography, display technology, screen calibration, natural wood variation, and manufacturing variation.

Customers should review the complete product listing before purchase.

11. Individually Photographed Products

For individually photographed products, the following collectively form the condition disclosure for that particular item:

• Product photographs

• Written description

• Condition statement

• Repair disclosures

• Damage disclosures

• Listing notes

• Other product-specific information

Minor cosmetic characteristics, blemishes, repairs, wear, finish conditions, or other characteristics clearly visible in photographs or otherwise disclosed before purchase are considered part of the disclosed condition.

A condition that was disclosed or reasonably visible before purchase does not become undisclosed merely because it was not separately repeated in every portion of the listing.

Nothing in these Terms permits EGA Guitars to materially misrepresent a product.

12. New, Used, Vintage, Open-Box, B-Stock, and Refurbished Products

EGA Guitars sells products in a variety of conditions.

Used, vintage, open-box, B-stock, and professionally refurbished merchandise may exhibit:

• Cosmetic wear

• Blemishes

• Previous repairs

• Replacement components

• Finish imperfections

• Evidence of prior use

• Authorized refurbishment markings

• Other characteristics consistent with the disclosed condition

Such characteristics do not necessarily constitute defects.

13. Professionally Refurbished Instruments

Certain instruments may have been professionally processed through MIRC or another authorized refurbishment provider.

Such instruments may contain:

• A “USED” stamp

• A reassigned or replacement serial number

• A refurbishment label

• Modification or replacement of an original manufacturer serial designation

• Other authorized refurbishment identification

These authorized markings are not, by themselves, product defects.

Manufacturer warranty eligibility may differ for refurbished merchandise.

Eligible instruments may be covered by the separate EGA Guitars 1-Year Limited Warranty.

14. Serial Numbers and Product Identification

EGA Guitars may maintain manufacturer serial numbers, refurbishment serial numbers, internal inventory identifiers, photographs, and other identifying records.

Such information may be used for inventory management, order verification, return verification, warranty administration, fraud prevention, customer support, and other legitimate business purposes.

Customers may not alter, remove, conceal, substitute, or manipulate identifying information for the purpose of facilitating fraud, return abuse, product substitution, or a false claim.

15. Payment Authorization

You agree to provide accurate payment and billing information.

By submitting a payment method, you represent that you are authorized to use it and authorize processing of the applicable transaction.

Payment processing may be performed by Shopify or another payment provider.

EGA Guitars may hold, decline, or cancel a transaction when payment cannot be authorized or when reasonably necessary for fraud prevention or security purposes.

16. Third-Party Financing and Payment Services

EGA Guitars may offer access to installment plans, financing, digital wallets, or other third-party payment services.

Eligibility, approval, credit decisions, interest, fees, repayment obligations, promotions, and other financing terms are determined by the applicable provider.

Use of such services may create a separate agreement between the customer and the provider.

EGA Guitars does not control third-party credit or financing decisions.

17. Taxes

Applicable sales and other transaction taxes may be calculated based upon the transaction, shipping destination, sales channel, and applicable law.

Certain marketplaces or payment platforms may calculate, collect, or remit taxes as legally required.

18. Payment Disputes and Chargebacks

Customers are encouraged to contact EGA Guitars promptly regarding an order, return, refund, warranty, shipping, or billing issue so that EGA Guitars has a reasonable opportunity to investigate and resolve the matter.

If a customer initiates a chargeback, card dispute, payment reversal, financing dispute, marketplace payment dispute, or other payment challenge, EGA Guitars may, to the extent permitted by applicable law and payment-network or marketplace requirements, suspend processing of overlapping refunds, credits, exchanges, return reimbursements, warranty accommodations, or other financial resolutions concerning the disputed transaction while the dispute remains pending.

EGA Guitars may submit transaction records, communications, photographs, tracking information, return records, warranty records, product information, and other relevant evidence to the applicable financial institution, payment provider, marketplace, or dispute administrator.

EGA Guitars may also restrict or decline future transactions while an unresolved balance, suspected fraud, or unresolved payment dispute remains outstanding.

Nothing in this section prevents a customer from exercising a legitimate legal or contractual right to dispute a transaction.

19. Shipping

Shipping and delivery are governed by the applicable EGA Guitars Shipping Policy, which is incorporated into these Terms by reference.

Available shipping methods, rates, geographic restrictions, transit times, and eligibility requirements may vary based on the product, order value, destination, and service selected. The shipping options and charges presented during checkout apply to the applicable order.

Delivery dates and carrier transit times are estimates unless EGA Guitars expressly guarantees otherwise in writing. Transit times generally begin after an order has been processed and tendered to the carrier.

Carrier performance may be affected by weather, holidays, service disruptions, address issues, remote-area delivery requirements, or other circumstances outside EGA Guitars’ reasonable control.

Customers are responsible for providing a complete and accurate shipping address. Additional charges resulting from an incorrect address, refused delivery, rerouting, return-to-sender shipment, or other circumstances attributable to the recipient may be charged or deducted from an applicable refund as provided in the Shipping Policy and Return & Refund Policy.

Shipping promotions, including free or discounted shipping, do not necessarily represent EGA Guitars’ actual cost of transportation and do not alter the treatment of outbound shipping costs under the Return & Refund Policy.

20. Returns and Refunds

Returns, return eligibility, cancellation after fulfillment begins, restocking fees, shipping deductions, return authorization, final-sale transactions, inspections, and refunds are governed by the EGA Guitars Return & Refund Policy.

That policy is incorporated into these Terms.

21. Warranty

Eligible instruments may receive coverage under the EGA Guitars 1-Year Limited Warranty.

Warranty coverage is separate from return eligibility.

A warranty does not extend a return period or automatically entitle a customer to a refund, replacement, or other requested remedy.

Warranty eligibility, exclusions, evaluation procedures, and remedies are governed by the applicable warranty terms.

22. Customer-Requested Work

Customer-requested setup work, string changes, modifications, installations, repairs, customization, or other services may affect return eligibility as stated in the Return & Refund Policy.

Personal preferences involving tone, feel, action, string gauge, pickup height, tremolo setup, or similar characteristics do not constitute a product defect merely because the customer prefers another configuration.

23. Intellectual Property

The Services may contain EGA Guitars or licensed:

• Branding

• Logos

• Product photography

• Product descriptions

• Graphics

• Videos

• Audio

• Software

• Page designs

• Layouts

• Data

• Catalog information

• Other content

Such materials are protected by applicable intellectual-property law.

Except where expressly permitted, you may not reproduce, distribute, republish, sell, license, modify, commercially exploit, or create derivative works from EGA Guitars content without written authorization.

24. Scraping, Automated Collection, AI Training, and Commercial Data Use

Without EGA Guitars’ prior written authorization, you may not use manual or automated means to systematically scrape, crawl, harvest, download, extract, index, reproduce, aggregate, monitor, or republish EGA Guitars content.

This includes:

• Product photographs

• Product descriptions

• Inventory information

• Pricing

• Serial-number information

• Specifications

• Customer-facing data

• Catalog structures

Such content may not be used without authorization for:

• A competing catalog

• Marketplace listings

• Commercial databases

• Competitive intelligence

• Automated pricing systems

• Commercial data products

• Machine-learning or artificial-intelligence training datasets

• Generative-AI datasets

• Search indexes intended for unauthorized commercial exploitation

• Other commercial services

This restriction does not prohibit ordinary indexing by generally recognized public search engines conducted in accordance with applicable technical controls or activity otherwise protected by law.

25. Prohibited Conduct

You may not use the Services to:

• Violate applicable law

• Commit or facilitate fraud

• Use unauthorized payment credentials

• Submit knowingly false claims

• Misrepresent product condition

• Manipulate returns

• Substitute merchandise

• Upload malware or harmful code

• Attempt unauthorized system access

• Circumvent security controls

• Interfere with service operation

• Infringe intellectual-property rights

• Harvest personal information without authorization

• Spam or phish

• Impersonate another person

• Abuse EGA Guitars’ return, warranty, promotional, payment, or customer-service processes

EGA Guitars may investigate suspected violations and take reasonable action.

26. Customer Reviews, Feedback, and Public Submissions

If you submit reviews, comments, suggestions, testimonials, feedback, photographs, videos, or other content for public display, promotional use, social-media use, a review, testimonial, contest, or similar customer-facing purpose, you represent that you have the right to submit that content.

You grant EGA Guitars a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, adapt, and distribute that content for legitimate business, promotional, customer-service, and marketing purposes, subject to applicable law and the Privacy Policy.

This section does not apply to photographs, identification documents, ownership information, or other materials submitted privately through the Sell Your Gear or trade-in process solely for evaluation, verification, or transaction purposes. Those materials are handled in accordance with the Privacy Policy and Sell Your Gear & Trade-In Terms.

You remain responsible for the legality and accuracy of content you submit.

27. Third-Party Services and Links

The Services may interact with or link to third-party providers, including payment providers, financing providers, marketplaces, manufacturers, shipping carriers, analytics services, app platforms, and other technology providers.

EGA Guitars does not control independent third-party services and is not responsible for their independent acts, policies, systems, or content except where responsibility cannot legally be excluded.

28. Mobile Applications

Where EGA Guitars provides a mobile application, these Terms also apply to use of that application.

Apple, Google, or another application-distribution platform may impose additional terms.

Applicable platform requirements will control where they must do so.

29. Communications

EGA Guitars may send transactional communications reasonably necessary to administer orders, accounts, shipping, returns, warranty claims, security, and customer service.

Marketing communications may be provided in accordance with applicable law and customer consent.

Marketing consent is not required as a condition of purchasing merchandise except where otherwise permitted by law.

30. Privacy

Personal information is handled in accordance with the EGA Guitars Privacy Policy.

31. Service Availability

EGA Guitars does not guarantee that the website, mobile application, APIs, marketplace integrations, customer accounts, inventory systems, checkout systems, or other digital Services will operate continuously or without error.

Services may be interrupted by:

• Maintenance

• Software updates

• System failures

• Internet outages

• Third-party outages

• API failures

• Marketplace interruptions

• Cybersecurity events

• Circumstances outside EGA Guitars’ reasonable control

32. Digital Services Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EGA Guitars does not warrant that its website, app, or related digital Services will always be uninterrupted, timely, secure, error-free, or free from technical defects.

This provision does not eliminate or modify an express product warranty provided by EGA Guitars.

33. No Additional Warranty Created by Informal Statements

Except for an express written warranty or agreement issued by EGA Guitars, no oral statement, informal communication, troubleshooting recommendation, product recommendation, customer-service accommodation, employee statement, contractor statement, email, message, or other communication modifies these Terms or creates an additional warranty.

A voluntary customer-service accommodation does not expand or amend the EGA Guitars 1-Year Limited Warranty unless EGA Guitars expressly agrees to that modification in writing.

34. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGA GUITARS AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES OR A TRANSACTION WITH EGA GUITARS, INCLUDING LOST PROFITS, LOST BUSINESS, LOSS OF USE, LOSS OF DATA, LOST PERFORMANCE OPPORTUNITIES, OR SIMILAR CONSEQUENTIAL LOSSES.

Except for obligations expressly provided under an applicable EGA Guitars warranty, Return & Refund Policy, or rights that cannot lawfully be limited:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGA GUITARS’ AGGREGATE LIABILITY ARISING FROM A PARTICULAR PRODUCT OR TRANSACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO EGA GUITARS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

35. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EGA Guitars LLC and its officers, employees, contractors, representatives, agents, successors, and service providers from third-party claims, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from:

• Your material violation of these Terms

• Your unlawful use of the Services

• Fraudulent conduct by you

• Your infringement of another person’s rights

• Content submitted by you that violates another person’s rights

• Your violation of applicable law

This section does not require a consumer to indemnify EGA Guitars for EGA Guitars’ own unlawful conduct or liability that cannot lawfully be shifted.

36. Refusal of Service

Subject to applicable law, EGA Guitars may refuse future transactions, restrict discretionary privileges, suspend an account, or limit access to the Services where reasonably necessary because of:

• Fraud

• Suspected fraud

• Security concerns

• Return abuse

• Warranty abuse

• Chargeback abuse

• Harassment

• Threats

• Unlawful conduct

• Repeated violations of EGA Guitars policies

• Material breach of these Terms

• Other conduct materially harmful to legitimate EGA Guitars interests

37. No Waiver and No Precedent

EGA Guitars’ failure to enforce a provision in one instance does not waive its ability to enforce that provision later.

A voluntary refund, credit, fee waiver, shipping accommodation, return exception, warranty accommodation, repair, replacement, or customer-service resolution does not amend these Terms and does not establish precedent or create an obligation to provide the same accommodation in another situation.

38. Termination and Survival

These Terms remain effective while you use the Services.

EGA Guitars may terminate or restrict access as permitted under these Terms.

Provisions that by their nature should survive termination will survive, including provisions concerning amounts owed, intellectual property, fraud, disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, and governing law.

DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER

PLEASE READ SECTIONS 39–55 CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. EXCEPT FOR CERTAIN CLAIMS DESCRIBED BELOW, YOU AND EGA GUITARS AGREE TO RESOLVE COVERED DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU AND EGA GUITARS ALSO AGREE TO WAIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDINGS TO THE FULLEST EXTENT PERMITTED BY LAW.

39. Informal Dispute Resolution

Before commencing arbitration, the party asserting a dispute must make a good-faith effort to resolve it informally.

A customer must send a written Notice of Dispute to:

legal@egaguitars.com

Subject line:

NOTICE OF DISPUTE

The notice should include, where reasonably available:

• Full name

• Account or transaction email

• Order number

• Product

• Serial number, if applicable

• Description of the dispute

• Relevant facts

• Requested resolution

• Supporting documentation

EGA Guitars may send a Notice of Dispute using contact information associated with the customer’s account or transaction.

The parties will have 60 days after receipt of a valid notice to attempt to resolve the dispute.

Neither party may commence arbitration before expiration of that period unless mutually agreed or otherwise required by law.

An applicable limitations period will be tolled during this required informal-resolution period to the extent necessary to prevent the procedure itself from making a claim untimely.

40. Agreement to Binding Individual Arbitration

Except for claims expressly excluded below, you and EGA Guitars agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, a purchase, a Sell Your Gear submission, sale to EGA Guitars, trade-in, acquisition, a product, pricing, advertising, representations, payment, financing, shipping, delivery, returns, refunds, restocking fees, warranty, product condition, customer accounts, privacy, communications, promotions, fraud, misrepresentation, or any relationship or transaction between you and EGA Guitars that cannot be resolved informally will be resolved through final and binding individual arbitration.

This provision applies to claims based in contract, warranty, statute, regulation, tort, fraud, misrepresentation, equity, or other legal or equitable theory to the fullest extent permitted by law.

41. Federal Arbitration Act

The parties acknowledge that transactions conducted through EGA Guitars may involve interstate commerce.

Accordingly, this Arbitration Agreement will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), to the fullest extent the FAA applies.

Where the FAA does not apply, the Arbitration Agreement will be enforced under other applicable arbitration law to the maximum extent permitted.

42. Arbitration Administrator

Arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable consumer arbitration rules in effect when arbitration is initiated, as modified by this Agreement.

If AAA is unavailable or declines to administer a particular dispute and the parties cannot agree upon another administrator, either party may request appointment of an administrator or arbitrator by a court as permitted under applicable law.

43. Arbitrator Authority

Subject to the provisions concerning formation and class arbitration below, the arbitrator may determine disputes concerning the interpretation, scope, applicability, enforcement, and performance of this Arbitration Agreement.

The arbitrator may award any individual remedy legally available to the claimant, subject to these Terms and applicable law.

The arbitration award will be final and binding, subject to review permitted by applicable arbitration law.

44. Class Action and Representative Action Waiver

YOU AND EGA GUITARS AGREE THAT EACH PARTY MAY ASSERT CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BRING, PARTICIPATE IN, OR RECEIVE RELIEF THROUGH A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, CONSOLIDATED REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING ON BEHALF OF OTHER PERSONS.

Claims subject to arbitration must therefore proceed individually.

THE PARTIES EXPRESSLY AGREE THAT THEY HAVE NOT CONSENTED TO CLASS ARBITRATION.

45. Mass Arbitration

Nothing in the Class Action Waiver prevents multiple customers from separately filing legitimate individual claims.

If AAA determines that coordinated filings qualify for treatment under its applicable mass-arbitration procedures, those administrative procedures may apply.

Application of mass-arbitration procedures does not constitute consent to class arbitration.

46. Jury Trial Waiver

ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

YOU AND EGA GUITARS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO HAVE A CLAIM SUBJECT TO THIS ARBITRATION AGREEMENT DECIDED BY A JUDGE OR JURY IN COURT.

For claims properly proceeding in court, the parties also waive trial by jury to the fullest extent permitted by applicable law.

47. Small Claims Exception

Either party may bring an eligible individual claim in a small claims court of competent jurisdiction if the claim remains on an individual basis.

If such a claim is transferred or otherwise proceeds outside small claims court, either party may invoke arbitration where legally permitted.

48. Emergency and Intellectual-Property Relief

Either party may seek limited temporary or preliminary relief from a court where reasonably necessary to:

• Preserve the status quo

• Prevent immediate irreparable harm

• Protect trademarks

• Protect copyrights

• Protect trade secrets

• Protect proprietary information

• Prevent other intellectual-property infringement

Seeking such relief does not waive arbitration of the underlying dispute.

49. Arbitration Location and Method

Arbitration may occur through:

• Written submissions

• Telephone

• Videoconference

• In-person hearing

• Another procedure allowed under applicable AAA rules

An in-person hearing will ordinarily occur in Texas at a reasonably convenient location associated with EGA Guitars’ principal place of business, unless the applicable AAA rules or law require another arrangement.

50. Arbitration Costs

Arbitration filing fees, administrative costs, and arbitrator compensation will be allocated under applicable AAA consumer rules and applicable law.

EGA Guitars will pay amounts the applicable rules require the business to pay.

Each party will generally bear its own attorneys’ fees unless a statute, rule, agreement, or arbitration award provides otherwise.

51. Individual Relief

The arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that individual’s claim, except where applicable law requires otherwise.

If applicable law requires a particular claim or form of relief to proceed in court, that portion may proceed in court while arbitrable portions remain subject to arbitration to the extent permitted.

52. 30-Day Arbitration Opt-Out

You may opt out of this Arbitration Agreement without affecting your ability to purchase from EGA Guitars.

You must provide written notice within 30 days after the date you first become bound by this Arbitration Agreement.

Send the notice to:

legal@egaguitars.com

Subject:

ARBITRATION OPT OUT

The notice must contain:

• Your full name

• Email associated with your account or purchase

• Order number, if applicable

• A clear statement that you elect to opt out of the EGA Guitars Arbitration Agreement

A timely opt-out affects only the individual submitting it.

EGA Guitars will not deny service solely because a customer properly opted out.

53. Changes to Arbitration Terms

EGA Guitars may modify these Terms prospectively as otherwise provided in this Agreement.

A material amendment to this Arbitration Agreement will not be applied retroactively to a specific dispute for which EGA Guitars received a valid Notice of Dispute before the amendment’s effective date, unless otherwise mutually agreed or permitted by law.

54. Arbitration Severability

If part of this Arbitration Agreement is determined unenforceable, that portion will be severed or limited to the minimum extent necessary while the remainder continues in force where legally possible.

If the prohibition against class arbitration is determined unenforceable in a manner that would otherwise permit class arbitration, the parties agree that they have not consented to class arbitration.

Any claim that cannot legally proceed through individual arbitration will proceed in a court of competent jurisdiction rather than as class arbitration, to the extent permitted by law.

55. Governing Law and Court Venue

Except for the Arbitration Agreement, which is governed by the FAA where applicable, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Mandatory consumer protections that cannot lawfully be waived remain applicable.

For disputes properly proceeding in court rather than arbitration or small claims court, jurisdiction and venue will lie, to the extent permitted by applicable law, in the appropriate state or federal court serving the Texas county in which EGA Guitars maintains its principal place of business.

56. Limitation on Time to Bring Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR A TRANSACTION WITH EGA GUITARS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED.

If applicable law prohibits shortening the applicable limitations period or requires a longer period, applicable law controls.

57. Electronic Agreements, Communications, and Records

To the extent permitted by applicable law:

• Electronic acceptance of these Terms constitutes agreement

• Electronic communications may satisfy writing requirements

• Electronic transaction records may constitute business records

• Electronically incorporated policies may form part of the agreement

• Electronically delivered notices may constitute written notice

Printed or electronic copies of relevant records may be used to document a transaction, agreement, communication, or dispute as permitted by applicable law.

58. Assignment

EGA Guitars may assign these Terms and applicable rights and obligations under them in connection with a merger, acquisition, reorganization, sale of substantially all relevant assets, business transfer, or similar transaction.

A customer may not assign rights under these Terms where the nature of those rights is personal or non-transferable, including a non-transferable warranty, except where applicable law requires otherwise.

59. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, it will be enforced to the greatest extent permitted or severed to the minimum extent necessary.

The remaining provisions will remain in effect.

60. Entire Agreement

These Terms, together with policies and transaction-specific terms incorporated into them, constitute the applicable agreement concerning use of the Services and relevant EGA Guitars transactions.

They supersede prior statements concerning the same subject matter except for express written agreements intended to supplement or modify these Terms.

61. Amendments to These Terms

EGA Guitars may update these Terms from time to time.

Updated Terms become effective when posted or on another stated effective date.

The version in effect when a particular transaction occurred generally governs that transaction to the extent applicable.

Changes will not retroactively eliminate rights that applicable law prohibits EGA Guitars from eliminating.

62. Sell Your Gear and Trade-In Transactions

EGA Guitars may offer customers the opportunity to submit musical instruments or other gear for evaluation, sale, or trade.

Sell Your Gear submissions and transactions are governed by the separate EGA Guitars Sell Your Gear & Trade-In Terms, which are incorporated into these Terms by reference.

Any valuation, estimate, or offer made before EGA Guitars physically receives and inspects submitted property is preliminary and remains subject to final inspection, verification, and the Sell Your Gear & Trade-In Terms.

EGA Guitars may collect seller-verification, ownership, identification, serial-number, and transaction information and may report applicable secondhand-property transactions to authorized property-reporting services or law-enforcement agencies, including LeadsOnline, as described in our Privacy Policy and Sell Your Gear & Trade-In Terms.

63. Contact Information

Questions regarding these Terms may be directed to:

EGA Guitars LLC

Customer Service:
support@egaguitars.com

Legal Notices and Notices of Dispute:
legal@egaguitars.com