C. F. Martin & Co., Inc.’s Online Privacy And Security Statement

At C.F. Martin & Co., Inc. (“Martin”) we take the privacy of our customers and the security of their Personal Information very seriously. We believe that protecting your privacy is an integral part of the customer service we provide to you. This is Martin’s Online Privacy and Security Statement (the “Statement”) that applies to Martin’s website located at www.martinguitar.com. This Statement only applies to the www.martinguitar.com website.

How We Protect And Use Customer Personal Information

We are committed to protecting the security and integrity of customer personal information through procedures and technology designed for this purpose.

• C. F. Martin & Co., Inc. ("Martin") has implemented a variety of encryption and security technologies and procedures to protect information stored in our computer systems from unauthorized access. We also maintain procedural safeguards that restrict access to your Personal Information to employees (or people working on our behalf and under confidentiality agreements) who need to know your Personal Information in order to provide the products and services that you request. "Personal Information" may include your name, addresses, telephone numbers, email addresses, and credit or debit card numbers.
• Martin uses Secure Socket Layer (SSL) technology to keep others from intercepting your information while it is being transmitted across the Internet. SSL technology is the industry standard method of communicating secure online transactions and is built into most major browsers. Information, once on our server(s), is protected from unintended external access or intrusions. Only Martin employees who require your Personal Information to serve you have access to your data. Martin employees who have access to Personal Information are trained in the privacy and security practices of this Statement.
• We may provide links to third party websites outside of www.martinguitar.com as an added convenience to our users. Martin is not responsible for the privacy, terms of use, or other policies of any other website or their management of information which you may provide to those websites. We encourage you to investigate and review the privacy policies and practices of any third party websites to which you may provide any of your information.
• Transaction Security- Secured communications on the web involve the elements of authentication, encryption and data integrity. All three are addressed by the SSL protocol used by Martin.
• Authentication is the process of establishing that you are communicating with our web server, as opposed to another server assuming our identity. We have obtained a VeriSign digital security certificate for www.martinguitar.com. VeriSign Authentication Services from Symantec Corporation is an independent third party that authenticates the identity of others on the Internet. The VeriSign certificate confirms that we are the recipients of your communication.
• Encryption is the process of scrambling data to prohibit any unintended recipient from understanding it if they intercept the data while being transferred from your browser to our server(s).
• Data Integrity ensures the data passed between your browser and our server is not being tampered with while in transit. SSL protects information en route to us, and the VeriSign certificate confirms that we are the recipients of this information. Although Martin strives to protect all data received, no data transmission over the Internet or any wireless network can be guaranteed to be secure. Therefore, we do not warrant or ensure the security of any information sent to us online. To ensure you are in SSL or secure mode for your transactions, look at the address of the page. Secure pages will usually appear with an address that begins with https:// rather than the standard http://.

We collect and maintain customer information as part of servicing your product purchases and your customer relationship.

• We maintain only the Personal Information you voluntarily provide to us or that is given to us by affiliated entities or third parties that have your permission to share your Personal Information with us.
• If you choose to place an order from our site, you must provide the following information: your name, shipping and/or mailing addresses, telephone number or email address (in case our customer service personnel need to reach you about your order) and credit or debit card account number.
• How You Can Control the Use of Your Personal Information: We give you choices and control over the collection and use of your Personal Information. If you would like to change your Personal Information in our records or remove your name from our mailing list, please contact us by:
• contacting us via email here: Contact Us
• calling: 1-610-759-2837
• writing: C. F. Martin & Co. Inc., Customer Service Department, P. O. Box 329, Nazareth, PA 18064-0329; include your name, mailing or email address, or telephone number.
• Opt-in, Opt-Out Features: Martin puts control over email communications in the users’ hands. Electronic correspondences are sent only to people who have chosen to receive them (to opt-in). Each communication contains simple access to update profile/email address and unsubscribe (opt-out) with instant removal from the Martin email

The customer personal information we collect is used to service your product purchases, warranty your product, and meet your product information needs.

• When you place an order, submit an instrument warranty registration or any other type of electronic form, or request product information, your Personal Information is required and may be used.
• Martin will use your Personal Information to respond to and fulfill your orders and/or requests, including through (a) online purchases, (b) online warranty registration, (c) email communications, and (d) customer service requests. Additionally, when you make a purchase of a product covered by our limited lifetime warranty, we will use and retain your Personal Information (including your name, address, email address and other contact information you provide) for the purposes of administering your limited lifetime warranty.
• Additionally, when you make a purchase of a product covered by our limited lifetime warranty, we will use and retain your Personal Information (including your name, address, email address and other contact information you provide) for the purposes of administering your limited lifetime warranty.Our Use of Cookies: We use technology to collect anonymous, non-Personal Information that indicates how visitors use our site. Such technology, called "cookies" are small files containing text that your web browser software transfers from our website to your computer when you visit our site. Cookies make it easier for you to use our site and help us to customize your online experience.
• Cookies also allow us to personalize your shopping experience and speed the checkout process. Because we rely on cookies to make the shopping experience easier and more tailored to your needs, your browser must be set to accept cookies before you can place an order at www.martinguitar.com. If you would like more information about how cookies work, go to http://www.cookiecentral.com
• Our Policies Regarding Children: Martin does not knowingly collect Personal Information about any person under 13 years of age. We do not sell products for purchase by children; however, we do sell children's products for purchase by adults. If you are under 18 years of age, please do not submit any information without the express consent and participation of a parent or guardian.

We do not share customer personal information with outside parties who may wish to market their products to you.

• Martin does not rent or sell your Personal Information to outside third parties.
• Martin requires contractual agreements with all agencies, service providers and business partners whom require Personal Information to complete a transaction that you specifically request. We may share, transfer or release segments of your Personal Information to process credit card orders, for order fulfillment purposes or specialized services necessary to complete a transaction that you specifically request or for use in making our business more responsive to your needs.
• The companies with which we may share Personal Information are contractually prohibited from using such information obtained from Martin for any purpose other than that for which it was provided and are required to have appropriate safeguards in place to protect that information.
• Disclosure Under Legal Duty: If compelled to do so by valid subpoena or court order or other governmental process, we may disclose your Personal Information, as we are legally required to do.

Important information for current customers.

• Updates to this Statement: We reserve the right to make changes, revisions, or amendments at any time to our online policies and/or alter the look and functionality of our website. However, if we change how we maintain or use your Personal Information, we will post the policy change notification on the website and update this Statement accordingly. We encourage you to periodically review this Statement for the latest information on our online privacy and security policies.
• This Statement is effective as of June 3, 2011.
• If you have further questions regarding this Statement, please contact us by:
• Contacting us via email here: Contact Us
• Calling: 610-759-2837
• Writing: C.F. Martin & Co., Customer Service Department, P.O. Box 329, Nazareth, PA 18064-0329; include your name, mailing or email address, or telephone number.

Revised: 3/27/2024

These Terms of Service contain an arbitration provision and class action waiver. Please review the Arbitration section for details. 

These Terms of Service (“Terms”) govern your use of the C. F. Martin & Co., Inc. (“Martin”) website (“Site”) and any purchases you make from Martin, any Martin mobile application, and any other services offered by Martin, as well as services offered through third parties integrating Martin services (collectively “Services”). Martin (“we” or “us”) provides the Site and Services. “You” refers to you as a user of the Site or Services.

BY USING THE SITE OR SERVICES, OR MAKING A PURCHASE FROM MARTIN, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.

Eligibility

You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian. 

Terms of Use

These terms of use (these "Use Terms") apply to your purchase of products or services through the Martin Site. We ship products purchased through our Site to the United States only.

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Use Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Martin and you will not take place unless and until you have received your order confirmation email. 

If we are unable to accept your order, we will inform you of this via email or other method. In that case, we either will not charge you for the product, or if we have taken payment prior to non-acceptance of your order, then we will refund you using the method of payment you provided at checkout.

Inaccuracy Disclaimer. From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We also reserve the right to cancel any orders arising from such errors. If you do not wish to continue with your order after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order. 

Prices and Payment Terms. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Charges are intended to compensate us for any relevant costs of processing your order; costs of handling and packing any products; and costs of delivering or providing the purchased products and services to you. 

We may offer, from time to time, promotions or special offers on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges may include reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier for shipment to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds. We will accept a return of certain products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of [shipment/ and provided such products are returned in their original condition. Strings, guitar accessories and disposable care and cleaning products, special orders and instruments with added modifications are NOT eligible for return. 

To return products, you must contact customer service through our website to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. Unless we determine, in our sole discretion, that a product was damaged during shipping to you or is defective, all returned items must be in their original condition, and shipped in their original packaging with no signs of wear, “dings” (as in surface damage), scrapes or scratches, and include all original manuals, booklets, accessories, etc. (if applicable). Martin determines in its sole discretion whether a product was damaged during shipping or has a manufacturing defect. Returns must include a copy of the packing slip and reason for return.

You are responsible for all shipping and handling charges on returned items. However, if we determine that an item had a manufacturing defect, Martin will pay for return shipping. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

Returns may be subject to a 10% restocking fee unless we determine in our sole discretion that the item has a manufacturing defect. All returns are subject to inspection. Items that are not in their original condition may incur additional fees.

Refunds are processed within approximately 3-7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. 

WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Limited Warranty. Any products purchased in the United States are subject to the applicable limited warranty terms that are provided with the instrument/product. When you make a purchase of a product covered by our limited lifetime warranty, we will retain your name, address, email address and other contact information you provide for the purposes of administering your limited lifetime warranty.

Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export.

Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). When Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, or submit User Content (defined below) you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

User Content

The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”), which includes any ideas or suggestions contained therein. You retain ownership of any intellectual property rights that you hold in that User Content. 

When you upload, submit, store, send, or receive User Content to Martin or through the Site or Services, you give us permission to reproduce and use your User Content, as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, distribute your User Content and incorporate or use any ideas in products or services, for commercial and non-commercial purposes. This license is for the purpose of operating, promoting, and improving the Site and Services, and to develop new products and Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.

To the extent any User Content you provide is or contains any ideas or suggestions 

You promise that:

• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason. 

Ownership

Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all information, software, text, media, images, video and audio, and the design, selection and arrangement thereof, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © C. F. Martin & Co., Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of Our Content, Site, Services, Marks, the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Martin.

Copyright and Intellectual Property Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address. 
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

For clarity, only copyright infringement notices should go to our Copyright Agent via email to CopyrightAgent@martinguitar.com. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

• Your physical or electronic signature; and 
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; and
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 
• Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court of your address or that in Northampton County, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Privacy

Your privacy is very important to us. By using our Site or Services, you consent to our Privacy Policy which explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

Links

The Site and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it. 

Changes to the Site or Services

We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.

Termination

We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, at our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES. 

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. 

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Arbitration Agreement & Waiver of Certain Rights

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”), in any way arising from or relating to your interaction with Martin whether online or offline, shall be submitted for binding arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. 

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws rules or provisions. 

Subject to the arbitration agreement in Section 14, you agree that any action of whatever nature relating to these Terms, the Site, Services, or your interactions with Martin will be filed only in the state or federal courts located in Northampton County, Pennsylvania. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. 

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. 

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms. 

Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.

 30-Day Satisfaction Guarantee 

Martin Guitar is committed to providing you with a world-class shopping experience and a quality instrument for life. If you’re not satisfied with your purchase for any reason, you may return it for a refund to the credit card on file or identical replacement product within 30 days of shipment. Strings, guitar accessories and disposable care and cleaning products, special orders, and instruments with added modifications are not eligible for return. 

How do I return a product?

All returns and exchanges must be initiated through customer service return authorization.

 Contact customer service through our website. Our customer service team will respond to your inquiry as quickly as possible. You will receive a return authorization number and instruments for return shipment from our team directly. 

 Please allow 3 – 7 business days in the event of a refund. Processing time may vary contingent on return volume. 

What if my product was damaged upon arrival?

A damaged or defective product may be returned for a full refund. Products are considered damaged or defective at the discretion of Martin Guitar. If damage is found to be caused by the consumer, this may affect the refund. 

 Aside from reported damages or defects, all returned items must be in their original condition, and shipped in their original packaging with no signs of wear, “dings” (surface damage), scrapes or scratches, and include all original manuals, booklets, accessories, etc. (if applicable). Returns must include a copy of the packing slip and reason for return. 

Will I be charged shipping fees?  

Return shipping charges are the responsibility of the consumer. If the product is deemed to be defective, Martin Guitar will assume responsibility for return shipping charges. 

We understand unexpected things may happen in transit, so we recommend you insure your package when shipping back to us. If your return order sustained damage during shipping, please file a damage claim with your chosen shipping carrier and contact us through Customer Service. 

Will I be charged a restocking fee?  

You are responsible for all shipping and handling charges on returned items. However, if we determine that an item had a manufacturing defect, Martin will pay for return shipping. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

Returns may be subject to a 10% restocking fee unless we determine in our sole discretion that the item has a manufacturing defect. All returns are subject to inspection. Items that are not in their original condition and exceed the damage claims described above may incur additional fees or be ineligible for return. 

What if I have more questions? 

Our customer service team is available 9:00 a.m. to 4:00 p.m. Monday through Friday to address any additional concerns or issues you may have. To contact customer service, please submit an inquiry through our website or visit our contact us page for more information.

Martin Guitar is unable to ship internationally at this time.  

Fortunately, most items featured on martinguitar.com may also be purchased from local Authorized Martin dealers in your country or region. Please refer to the Martin Guitar Dealer Locator to find the dealer nearest you.  

PO Boxes

Please allow additional time for PO Box shipments. Expedited shipping options and shipments to AK and HI are not available for PO Box shipments.

Expedited Shipping 

Free Standard Shipping for orders over $35 applies to Contiguous U.S. only, excluding Alaska and Hawaii. Because we utilize alternate carriers for Alaska and Hawaii shipments, please allow for extended ground shipping times for orders outside of the contiguous United States.  

For expedited shipping, additional charges will apply. Orders must be received by 10 a.m. Eastern Standard Time (EST), Monday – Friday, excluding major U.S. holidays to accommodate expedited delivery windows. Orders placed outside of this timeframe will ship on the next business day. We cannot guarantee expedited shipping during company shutdowns.   

Cancellations 

Martin Guitar is committed to fulfilling customer orders as expediently as possible and therefore cannot accommodate cancellations once orders are placed. Martin Guitar reserves the right to modify shipping rates at any time.  

Ordering Multiple Items  

Instrument or bulk item orders that include small goods will ship at the bulk items or instrument rate. Bulk Items – Include, but are not limited to: Barstools, guitar kits, guitar cases/bags, messenger bags, etc. 

Items from one order may ship separately. Martin Guitar is not responsible for late shipments caused by weather, carrier delays, or any other causes beyond our control. Actual delivery times may vary depending on your location. 

Promotions 

Free Standard Shipping promotions apply to Contiguous U.S. only. Alaska and Hawaii are excluded from Free Standard Shipping promotions. Other restrictions may apply. 

All promotions are subject to product availability and shipping policies and are valid only during their specified time period. Martin Guitar reserves the right to change promotions at any time. 

How To Order 

All orders can be completed on our website. Choose the items you wish to purchase and add them individually to your shopping cart. Each time you add an item, you'll be able to view the entire contents of your cart and order subtotal. When you are ready to checkout, click the “View Cart” button and proceed to the secure checkout area. 

Payment 

Martin Guitar accepts VISA, MASTERCARD, DISCOVER, and AMERICAN EXPRESS. A pre-authorization charge will appear on your account for the full amount of your order. This pending charge will be removed once your order is shipped. 

Pricing & Taxes 

All prices are in U.S. Dollars (USD) and are subject to change without notice. 

All orders are subject to verification and acceptance before shipping. Local sales tax is applicable in most U.S. states. Sales tax is calculated at the local tax rate of the shipping address. Additional charges may apply to shipments outside the contiguous U.S. 

Contact Us 

For questions, please contact us. Our Customer Service Team will respond 8:00 am – 5:00 pm Eastern Standard Time (EST), Monday – Friday, excluding major U.S. holidays and company-wide shutdown periods.   

User Content

The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”), which includes any ideas or suggestions contained therein. You retain ownership of any intellectual property rights that you hold in that User Content. 

When you upload, submit, store, send, or receive User Content to Martin or through the Site or Services, you give us permission to reproduce and use your User Content, as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, distribute your User Content and incorporate or use any ideas in products or services, for commercial and non-commercial purposes. This license is for the purpose of operating, promoting, and improving the Site and Services, and to develop new products and Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.

To the extent any User Content you provide is or contains any ideas or suggestions 

You promise that:

• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason. 

Ownership

Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all information, software, text, media, images, video and audio, and the design, selection and arrangement thereof, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © C. F. Martin & Co., Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of Our Content, Site, Services, Marks, the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Martin.

Copyright And Intellectual Property Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address. 
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

For clarity, only copyright infringement notices should go to our Copyright Agent via email to CopyrightAgent@martinguitar.com. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

• Your physical or electronic signature; and 
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; and
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 
• Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court of your address or that in Northampton County, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

We have received a report of a fraudulent website martinguitar.shop, loveshaddi.com, and karatuw.com that point to an online store claiming to sell Martin products. This website is not authorized by Martin Guitar nor by any of its authorized dealers of Martin products. This is a fraudulent website designed to steal consumers’ PayPal or credit card information. 

Martin is actively working to have this website address taken

down. Please be vigilant when making your musical instrument and accessories

purchases. Verify that you are purchasing from authorized dealers and trusted

websites.