Terms of Service Agreement

Acceptance of Terms

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with mrpedal.com, also known as Mrpedal, located at 10573 West Pico Blvd #232, Los Angeles, California 90064-2348, and our subsidiaries and affiliates, in association with the use of the Mrpedal website, which includes mrpedal.com (the "Site") and its Services.

Description of Website Services Offered

The Site is a forum website with the following description: MrPedal.com is an online resource for information and reviews of musical effects. The goal is to provide a comprehensive catalog of old and new effects pedals — vintage, boutique, and high-end to budget models. Each pedal has a detailed review, member reviews, member ratings, history, demonstration video, and links to locations for purchase.

Any and all visitors to our site, whether registered or not, shall be deemed "users" of the Services provided. Once an individual registers and creates an account, the user shall be considered a "member." The user and/or member acknowledges that the Services provided through our website are the sole property of mrpedal.com.

mrpedal.com reserves the right to cancel and cease offering any Services and/or products. The Services are provided "AS IS" and mrpedal.com shall not assume responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Registration

To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract. You must be in good standing and not an individual previously barred from receiving Mrpedal's Services under the laws and statutes of the United States or other applicable jurisdiction.

The registering party hereby acknowledges, understands and agrees to: (a) furnish factual, correct, current and complete information as may be requested by the data registration process, and (b) maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times. Anyone providing false, untrue, inaccurate or incomplete information may have their account suspended or terminated.

Privacy Policy

Every member's registration data and personal information are strictly protected by the mrpedal.com Online Privacy Policy. As a member, you consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by mrpedal.com and/or our subsidiaries and affiliates. View our full Privacy Policy.

Member Account, Username, Password and Security

You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify mrpedal.com immediately if you notice any unauthorized access or use of your account or password or any other breach of security. mrpedal.com shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

Conduct

As a member of the Site, you acknowledge that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available through Mrpedal Services. You herein agree not to make use of mrpedal.com's Services for the purpose of:

• Uploading or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Causing harm to minors in any manner
• Impersonating any individual or entity, including Mrpedal officials
• Uploading content that infringes upon any patent, copyright, trademark, or other proprietary rights
• Uploading unsolicited advertising, promotional material, "spam," or any other form of solicitation
• Uploading software viruses or any files designed to interfere with or destroy computer software or hardware
• Disrupting the normal flow of communication or otherwise interfering with Mrpedal Services
• Violating any local, state, federal, national or international law
• "Stalking" or otherwise harassing another individual
• Collecting or storing personal data relating to any other member or user

mrpedal.com reserves the right to pre-screen, refuse and/or delete any content available through our Services that would violate the TOS or which would be considered offensive to other visitors, users and/or members.

Content Placed or Made Available for Company Services

mrpedal.com shall not lay claim to ownership of any content submitted by any visitor, member or user, or make such content available for inclusion on our website Services. By submitting content, you grant mrpedal.com a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services for the purpose of providing and promoting the specific area to which this content was placed.

Contributions to Company Website

When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: (a) your Contributions do not contain any type of confidential or proprietary information; (b) Mrpedal shall not be liable for any obligation to maintain confidentiality related to any Contributions; (c) the contributor's Contributions shall automatically become the sole property of Mrpedal; and (d) Mrpedal is under no obligation to either compensate or provide any form of reimbursement.

Indemnity

Users and/or members agree to hold mrpedal.com, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless from any claim or demand, including reasonable attorney fees, made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, your use of Mrpedal Services, your violations of the Terms of Service and/or your violation of any rights of another person.

Commercial Reuse of Services

The member or user agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Mrpedal's sites.

Modifications

mrpedal.com reserves the right at any time to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. We shall not be held liable to you or any third party for any such alteration, modification, suspension and/or discontinuance of our Services.

Termination

As a member of mrpedal.com, you may cancel or terminate your account by submitting a cancellation request to [email protected]. As a member, you agree that mrpedal.com may, without prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to our Services. Grounds for termination include, but are not limited to: breach of TOS, requests from law enforcement, unexpected technical or security issues, extended periods of inactivity, engagement in fraudulent or illegal activities, or nonpayment of associated fees.

Warranty Disclaimers

The use of mrpedal.com services and software are at the sole risk of the user. Our services and software shall be provided on an "as is" and/or "as available" basis. mrpedal.com and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and noninfringement.

Limitation of Liability

mrpedal.com and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur.

Proprietary Rights

mrpedal.com's Services and any essential software used in connection with our Services shall contain proprietary and confidential material protected by applicable intellectual property rights and other laws. Except as expressly permitted by applicable law or as authorized by mrpedal.com, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform or create any plagiaristic works based on mrpedal.com Services.

Trademark Information

All of the mrpedal.com trademarks, copyright, trade name, service marks, and other mrpedal.com logos and any brand features and/or product and service names are trademarks and as such are and shall remain the property of mrpedal.com.

Copyright or Intellectual Property Infringement Claims

If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, please provide us the following information:

• The electronic or physical signature of the individual authorized on behalf of the copyright or intellectual property owner
• A description of the copyrighted work or other intellectual property you believe has been infringed
• A description of the location of the site alleged to have infringed upon your work
• Your physical address, telephone number, and email address
• A statement that the disputed use of your work is not authorized by the copyright owner, its agents or the law
• A statement, made under penalty of perjury, that the above information is truthful and accurate

General Information

This TOS constitutes the entire agreement between you and mrpedal.com and shall govern the use of our Services, superseding any prior version of this TOS. The relationship between the parties shall be governed by the laws of the state of California. Any claims, causes of action and/or disputes arising out of or relating to the TOS shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state.

Any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.