Terms & Conditions

Acceptance of the Agreement

This, the Piano Technicians Guild Web Site, and all of its Web Sites and information are provided to you under these "Terms of Use" and any amendments to these Terms of Use that may be posted by Piano Technicians Guild from time to time (collectively, the "Agreement"). BY ACCESSING, BROWSING AND/OR USING THIS SITE AND/OR ANY WEB SITE PROVIDED BY PIANO TECHNICIANS GUILD, YOU AGREE TO BE BOUND BY THE AGREEMENT. The Agreement constitutes the entire agreement between you and Piano Technicians Guild and supersedes any prior agreements between you and Piano Technicians Guild regarding the use and contents of this Web Site.

Privacy

Piano Technicians Guild is committed to protecting your privacy. The information that we obtain through your use of the site, or through any registration process or otherwise, is subject to our Privacy Policy .

Modifications to this Agreement

Piano Technicians Guild may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Your use of the Web Site after any changes are made constitutes your acceptance of any such changes.

Modification or Suspension of the Web Site

Piano Technicians Guild may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and Piano Technicians Guild shall not be liable for any consequences to you from that action.

User Content

All text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials ("Content") are the sole responsibility of the person from whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Web Site.

You shall not use the Web Site in any way to:

  1. post, disseminate or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy;
  2. post, disseminate or transmit any Content which infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including but not limited to using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret in violation of a duty of confidentiality;
  3. post, disseminate or transmit any viruses or other harmful, disruptive or destructive files, code or programs;
  4. intentionally or unintentionally violate any local, state, national or international law;
  5. post, disseminate or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
  6. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;
  7. disseminate or transmit any Content you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships;
  8. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  9. interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
  10. stalk or otherwise harass another;
  11. collect or store personal data about other users;
  12. harm minors in any way;
  13. engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  14. intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
  15. engage in any activities intended to withhold or cloak identity or contact information;
  16. use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web Sites providers, web sites, chat rooms, or the like.

User Content

Piano Technicians Guild and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Web Site. Without limiting the foregoing, Piano Technicians Guild and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable in the absolute discretion of Piano Technicians Guild. You must evaluate, and you will bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Piano Technicians Guild may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Piano Technicians Guild, its users and the public. The technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

By posting Content to the Web Site, or by transmitting Content using the Web Site, (1) you represent and warrant to Piano Technicians Guild that you have all necessary permission to post or transmit the information, and (2) you grant to Piano Technicians Guild a worldwide, non-exclusive, perpetual, royalty-free, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

International Use

You must comply with all applicable local laws regarding online conduct and acceptable Content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside.

No Reselling of Web Site

You may not sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Web Site, or sell use of or access to the Web Site.

Termination

Piano Technicians Guild may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any Content within the Web Site, for any reason, without prior notice to you. Piano Technicians Guild shall not be liable to you or to any third-party for any termination of your use of or access to the Web Site. In the event of any termination of this Agreement or your use of or access to the Web Site, the provisions regarding Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability shall survive any such termination.

Proprietary Rights

You should assume that content available through the Web Site, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third party advertisers, is protected by copyrights, trademarks, Web Site marks, patents, or other proprietary rights and laws regardless of whether or not a copyright notice appears on all material, unless otherwise noted. Except as expressly authorized by Piano Technicians Guild or the applicable supplier, sponsor or advertiser, users may not copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Web Site or any content (including without limitation any software) available through the Web Site. [10-012]

Permission to Use Materials

In consideration for your agreement to the terms and conditions contained herein, PTG grants you a personal, non-exclusive, non-transferable license to access and use the Sites. User may download material on a single computer from the Sites only for User’s own personal, non-commercial use provided that you keep intact all copyright, trademark, and other proprietary notices.  Modification of Content or use of Content for any other purpose is a violation of the rights of PTG, or third parties.  Using this information for commercial gain, or taking control of the information by reusing or reposting without prior approval from PTG would be detrimental to PTG and is a violation of international copyright law.  In addition, you agree to indemnify, defend and hold harmless PTG for any and all unauthorized uses you may make of any material on the site.  For permissions or to advise of links to this site, e-mail  Send Mail

Disclaimer of Warranties

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PIANO TECHNICIANS GUILD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PIANO TECHNICIANS GUILD DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES PIANO TECHNICIANS GUILD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR AS A RESULT OF THE WEB SITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEB SITE.

ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK, AND NEITHER PIANO TECHNICIANS GUILD, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIANO TECHNICIANS GUILD OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PIANO TECHNICIANS GUILD OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, OR OTHER INTANGIBLES, EVEN IF PIANO TECHNICIANS GUILD OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR, (5) ANY OTHER MATTER RELATING TO THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Storage of Content

Piano Technicians Guild may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for Content disseminated or transmitted through the Web Site. Piano Technicians Guild shall have no responsibility or liability for the deletion or failure to store any messages, communications or other Content maintained, disseminated or transmitted through the Web Site.

Your Contact With Third Parties

Your dealings with third parties found on or through the Web Site, including your participation in promotions, the payment for and delivery of goods and Web Sites, and any terms, conditions, warranties, or representations associated with such dealings are solely between you and the third party. Piano Technicians Guild does not make any representations or warranties with respect to any goods or Web Sites which may be obtained from such third parties, and Piano Technicians Guild will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Links

The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources over which Piano Technicians Guild has no control. Piano Technicians Guild has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.

Indemnification

You agree to indemnify and hold harmless Piano Technicians Guild, its affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys' fees, made by any third party due to, arising out of, or related to your use of the Web Site, Content you submit, post, or transmit through the Web Site, your violation of the Agreement or any rights of another, or your connection to the Web Site.

Trademark Notices

Piano Technicians Guild and Piano Technicians Guild logo and trade dress are trademarks of Piano Technicians Guild. You may not use or display these marks without Piano Technicians Guild prior written consent. All other trademarks appearing on the Web Site are the property of their respective owners.

Copyright, Copyright Agent

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Piano Technicians Guild's Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Web Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Piano Technicians Guild's Copyright Agent for Notice of claims of copyright infringement on its site is:

Piano Technicians Guild, Inc
4444 Forest Avenue
Kansas City, KS 66106-3750
Phone: 913-432-9975
Fax: 913-432-9986

www.ptg.org • ptg@ptg.org

Applicable Law, Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to its conflict of laws provisions. You and Piano Technicians Guild agree to submit any dispute arising under this agreement to the exclusive jurisdiction of the federal and state courts located within the county of Wyandotte County, KS.

Miscellaneous

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

You agree that any claim or cause of action you may assert arising out of your use of the Web Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by Piano Technicians Guild to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Additional Information

This website is an official bulletin of Piano Technicians Guild and is intended to provide general information. It contains policies, regulations, procedures and fees effective June 1, 2005.

Piano Technicians Guild reserves the right to make changes at any time to reflect current board policies, administrative regulations and procedures, amendments by state law and fee changes. Information provided on this website is subject to change without notice and does not constitute a contract between Piano Technicians Guild and a user. Piano Technicians Guild is not responsible for any misrepresentation or provisions that may arise as a result of errors in preparation.

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