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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Rental Terms

Rental Terms may also be found at stradviolin.com/rental-terms

CHANGE SIZES ANYTIME: The instrument may be exchanged for another size any time if the account is current.

PAYMENT: Renter agrees to pay for all rent made by you or others using your account plus any charges as provided in this agreement. The rental period begins on the date of your renting the instrument. Subsequent rental payments are due by this same date every month, or the date specified in this agreement.

RENTAL RENEWAL/RETURN/EXCHANGERenter will pay the first and last month’s rent in the initial payment. The rental will automatically renew every month. The renter must contact us prior to the next billing cycle to terminate the contract and apply the last month’s rent from the initial payment. Account will not be closed until the instrument is returned and will continue to accrue fees. No rental fees, including initial payment, will be prorated, or refunded. All returns must be made to our store and receipt issued. Any credit accrued may not be held for future use. The minimum rental charge is one month. With the return of rentals for less than two months, a short-term fee of $15.00 is charged. All repairs must be done at Antonio Strad Violin. Repairs made by any other business or individual are prohibited.

UPGRADE ANYTIME: Rental credit may also be applied towards the purchase of an upgraded instrument. You can earn up to as much as half the cost of the upgrade (not to exceed half its regular value). Credit cannot be used with sales or discounted instruments.

PURCHASE OPTIONS: Renter may accrue 100% (90% for billing option B or C) of rental fees (not including Protection Plan and Tax) as purchase rental credit toward the purchase of this or a finer instrument.  Payments must be made on-time, the account kept current, and the outfit returned in its original condition to qualify. Discount Credit may not exceed 80% of the total value of the rented outfit. This is not a “rent-to-own” or “cash back” program. It is a rental with the option to buyAll rented instrument outfits remain the property of Antonio Strad Violin until the renter has paid in full. Notice to buy must be made in person or in writing.

WE MAINTAIN THE INSTRUMENT FOR YOU: Antonio Strad Violin will maintain the rental in excellent playing condition and cover minor repairs, such as worn bows, small openings, recut bridges, and normal wear and tear on bows and cases, (strings are covered under Preferred Protection Plan), as well as major damages such as broken necks, repairs requiring opening of instrument, or repairs that require complete replacement of item. These repairs are covered under a separate Protection Plan described below.

WE OFFER A PROTECTION PLAN: The Protection Plan is offered with no deductible. The Plan covers instrument, bow, and case from major damages, loss in fire, or theft. In the event of loss in fire or theft, renter is indemnified and released from this Agreement with copy of a Police Report filed by renter within 14 days of incident. The following statement must be in Report: “Stolen instrument with serial number. Notify Antonio Strad Violin at 210-349-9788 if found.” An account 30 days or more past due is not covered. Excluded from the Preferred and Basic Protection Plan is negligent loss or intentional damage. The Basic Protection Plan does not cover replacement strings.

LATE PAYMENT AND RETURN CHECK CHARGES: A late charge of $8.00 will be added after a 5-day grace period including due date per month on past due invoices. A charge of $26.97 will be added to your account for each returned payment.

AUTHORIZATION OF CHARGES: As a convenience to the customer, the customer herein authorizes Antonio Strad Violin to bill the credit card or checking account that is listed on the reverse side of the agreement or provided by phone only when the rent becomes more than 5 days past due.

TITLE TO ASSETS: The instrument, case, bow and any other items included at the time of the rental are assets of Antonio Strad Violin. The renter must pay the balance in full in order to purchase the instrument. Antonio Strad Violin may go to retrieve the outfit from school or any other location for non-payment of rent. The renter may not sell, pawn, use for collateral security, or loan the instrument. If this account becomes sixty days or more delinquent, in order to avoid legal proceedings, renter agrees to authorize charges to pay the balance to purchase the outfit, rental fees, and late fees on the credit or bank accounts listed on this Rental Agreement.

Purchase, Sale and Website Use

Purchase and Sale Price
Sale prices are for purchase only and cannot be combined with any other coupons, credits or promotions.

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 Antonio Strad Violin. The collective work includes works that are licensed to Antonio Strad Violin. Copyright 2003, Antonio Strad Violin 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 Antonio Strad Violin or purchasing Antonio Strad Violin 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 Antonio Strad Violin or to purchase Antonio Strad Violin 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 Antonio Strad Violin. 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 Antonio Strad Violin used in the site are trademarks or registered trademarks of Antonio Strad Violin

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Antonio Strad Violin disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Antonio Strad Violin does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Antonio Strad Violin does not make any warrantees 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.

Limitation of Liability
Antonio Strad Violin 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 Antonio Strad Violin 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 Antonio Strad Violin product is mistakenly listed at an incorrect price, Antonio Strad Violin reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Antonio Strad Violin 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, Antonio Strad Violin shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Antonio Strad Violin without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Antonio Strad Violin 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 Antonio Strad Violin.

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 Antonio Strad Violin 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 Antonio Strad Violin products) must be commenced within one (1) year after the claim or cause of action arises. Antonio Strad Violin’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. Antonio Strad Violin 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 Antonio Strad Violin 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
Antonio Strad Violin 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, Antonio Strad Violin 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, Antonio Strad Violin 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 Antonio Strad Violin in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Antonio Strad Violin, 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.

Third-Party Links
In an attempt to provide increased value to our visitors, Antonio Strad Violin may link to sites operated by third parties. However, even if the third party is affiliated with Antonio Strad Violin, Antonio Strad Violin has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Antonio Strad Violin. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Antonio Strad Violin seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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