Terms and Conditions

This document is a legal agreement (“Agreement”) between you, the individual and/or entity (“you” or “member” or “user”) using the CymbalSwap.com website (“The Website”), and Cymbal Swap, LLC, a Texas limited liability company, describing the terms and conditions applicable to your use of The Website and the services it provides (individually and collectively, “The Service”). Please examine this Agreement carefully and understand its contents fully before using The Service. By using The Service you are agreeing to be legally bound by these terms and conditions.

Service

You must be 18 years of age to become a member of the Cymbal Swap service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

The Cymbal Swap service is for your personal and non-commercial use only. During your Cymbal Swap membership, we grant you a limited, non-exclusive, non-transferable, license to access the Cymbal Swap service and use products through the service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

We continually update the Cymbal Swap service, including the available products. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

The availability of products will change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Billing

Recurring Billing. By starting your Cymbal Swap membership, you authorize us to charge you a monthly or yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Cymbal Swap service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Cymbal Swap membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly, and year or yearly, refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Failure to return such products will result in your Payment Method being billed for such items. We will send you a reminder email concerning unreturned products prior to charging your Payment Method.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Cymbal Swap website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

Cancellation. You may cancel your Cymbal Swap membership at any time, and you will continue to have access to the Cymbal Swap service through the end of your monthly or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, use the “Contact Us” form and we will handle the return of your current cymbal. Your Cymbal Swap membership agreement does not end until any outstanding items are returned.

You understand if you have an unpaid balance and do not make satisfactory payment arrangements, your account may be placed with an external collection agency. You will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting your account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.

Cymbals

Cymbal Swap member hereby assumes and shall bear the entire risk of loss and damage to the cymbals from any and every cause. No loss or damage to the cymbals or any part thereof shall impair any obligation of member under this Agreement which shall continue in full force and effect through the term of the Agreement.

In the event of damage of any kind to the cymbals, member agrees to allow Cymbal Swap to charge member’s payment method for the 50% of the value of the cymbal and return shipping cost. member shall not be entitled to ownership of the damaged cymbal.

Member will also allow Cymbal Swap to charge member’s payment method for loss of use fees in the event a damage waiver is not purchased. Loss of use fees are the equivalent to an extension rate for the duration of the cymbal rental.

Member must notify Cymbal Swap immediately upon notification of suspected damage resulting from shipping of the cymbal. In the event that the cymbal is not received by member by the expected delivery date (as per shipment tracking details), member must notify Cymbal Swap to acknowledge delay or rental extension.

In the event of default, or a lost or unreturned item, Cymbal Swap reserves the right to pursue civil and criminal remedies against member, including, but not limited to, taking immediate possession of the cymbal; obtaining, by member’s credit card or otherwise, from member the cost of the full retail price of a comparable substitute of cymbals and late fees assessed prior to deeming the member in default or the cymbal lost or unreturned; notifying a collections agency, which immediately results in additional attorneys’ and collection fees being charged to Cymbal Swap; filing of criminal charges; employing “skip tracer,” private investigator, or repossession agency to collect the cymbals or goods sufficient to repay the value of the cymbals; and/or pursue any and all legal remedies against member. member will also forefeit all rights enumerated in the Privacy Policy of Cymbal Swap. These remedies are not exclusive.In the event of litigation to recover any such damages, member is held responsible for all legal fees and costs incurred by Cymbal Swap.

Cymbal is deemed to be “lost” or “unreturned” when member has failed to ship rented cymbal to Cymbal Swap within seven (7) days of expiration of membership.

Cymbal Swap will not be held liable for any damage to the member’s own or personal equipment used in conjunction with Cymbal Swap’s cymbals.

When you add a product to your queue you are acknowledging that Cymbal Swap is going to ship a package to the shipping address in your profile, and you agree that someone will be available at that address to accept the package on delivery.

In addition, if you need a package to be rerouted, or if any packages are unable to be delivered to you, you acknowledge that you will be responsible for any additional shipping charges incurred.