BANJO.COM TERMS AND CONDITIONS (“AGREEMENT”) This Agreement was last modified on August 6, 2003. Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://banjo.com (“the Site”) operated by Banjo.com (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://banjo.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement. COPYRIGHT The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Banjo.com. The collective work includes works that are licensed to Banjo.com. Copyright 2003, Banjo.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Banjo.com or purchasing Banjo.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Banjo.com or to purchase Banjo.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Banjo.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site. TRADEMARKS All trademarks, service marks and trade names of Banjo.com used in the site are trademarks or registered trademarks of Banjo.com LINKS TO OTHER SITES Our Site may contain links to third-party sites that are not owned or controlled by Banjo.com. Banjo.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit. WARRANTY DISCLAIMER Banjos are warrantied by their respective manufacturer. Please refer to the product page for warranty information or contact us for more information. Banjo.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. CHANGES TO THIS AGREEMENT We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. LIMITATION OF LIABILITY Banjo.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Banjo.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. TYPOGRAPHICAL ERRORS In the event that a Banjo.com product is mistakenly listed at an incorrect price, Banjo.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Banjo.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Banjo.com shall issue a credit to your credit card account in the amount of the incorrect price. NOTICE Banjo.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Banjo.com. MISCELLANEOUS Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Banjo.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Banjo.com products) must be commenced within one (1) year after the claim or cause of action arises. Banjo.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Banjo.com may assign its rights and duties under this Agreement to any party at any time without notice to you. USE OF SITE Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Banjo.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. PARTICIPATION DISCLAIMER Banjo.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Banjo.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Banjo.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Banjo.com in its sole discretion. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Banjo.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. CONTACT US If you have any questions about the terms and conditions, please contact us at 678-488-BANJO or use our contact form.