Terms of Use Agreement

Terms of Use last updated March 3, 2023

Welcome to Handpan 360

We're thrilled that you've chosen to visit our site and take part in our services. By using our Site or services, you agree to the following terms of use, which are a binding agreement. The terms "Handpan 360" or "Handpan360.com" or "we" or "us" or "our" refer to Handpan 360, the owner of this Site and our affiliates. The term "you" or "customer" refers to the viewer or user of the Site and our services. If you don't agree with our terms of use, please don't use the Site. Let's get started with our return policy:

Return Policy

At Handpan 360, we strive to provide our customers with high-quality handpans and exceptional customer service. Our goal is for you to be completely satisfied with your purchase. We understand that our customers may need to return their handpan purchase for various reasons. If you are not satisfied with your purchase, you can return your handpan within 14 days of the original purchase date.

Please note that a restocking fee of 15% will be charged on all returns. This includes handpans, handpan accessories or any other product purchased from Handpan 360. Additionally, the customer is responsible for paying the shipping charges for returning any product. We are happy to provide the customer with a return shipping label for convenience. If we create a return label for the customer, that return shipping label cost will be deducted from their refund. Please ensure that the product is returned in its original condition with all its accessories and packaging intact to be eligible for a refund.

Please note that certain items are exempt from being returned, including but not limited to custom handpans and handpans that have been altered or damaged due to misuse or neglect. We reserve the right to refuse refunds at our discretion, such as in cases where a handpan has been altered or damaged due to misuse or neglect, or is not returned in its original condition. We will communicate any reasons for denying a refund to the customer in a timely manner.

Refunds will be issued to the original payment method once the handpan has been received and inspected by our team. We reserve the right to refuse a refund if the handpan is not returned in its original condition or if it has been damaged due to improper handling during shipping. It is the customer's responsibility to ensure that the handpan is returned safely and without damage during shipping. Any repair fee or tuning fee incurred for any reason, including but not limited to damage during return shipping, damage caused by mishandling, improper packaging, alteration or damage due to misuse or neglect, will be deducted from the customer's refund. The customer will be notified of the fee before it is deducted from their refund.

Once the handpan has arrived back to our warehouse and has been inspected by our team, a refund will be issued to the original payment method. Please note that it may take up to several business days for the refund to show up in your bank account, Venmo account, PayPal account, credit card account, or other form of payment account. Please allow up to 10 business days for the refund to be processed and appear in your account.

If you have any questions or concerns about our return policy, please don't hesitate to contact us by phone or text at ‪(352) 316-7919‬ or by email at handpan360@gmail.com. We hope that our return policy makes it easier for you to shop with confidence.

Damaged Shipments

In the rare event that your order arrives damaged, it is important that you take action as soon as possible. Upon receiving the damaged shipment, please immediately take pictures and videos of the damaged box, handpan, or other product. This documentation will be necessary when filing a claim with the shipping carrier. If the damage is severe and obvious, you may refuse to accept the shipment from the carrier. If you choose to accept the damaged shipment, please contact us by phone or text at ‪(352) 316-7919‬ or by email at handpan360@gmail.com within 24 hours of receiving the package to report the damage. Please note that failure to report any damages within this timeframe may result in a denial of any claims for damages. We will work with you to resolve the issue as quickly and efficiently as possible.

Privacy Policy

We take your privacy and security seriously here at Handpan 360, so please take a moment to read our Privacy Policy. It's part of this Agreement, and we may update it from time to time.

Copyright

Our Site's content, design, graphics, and other related matters are protected by applicable copyright, trademark, and other intellectual property laws. You're not allowed to copy, redistribute, use, or publish any part of the Site except as permitted by the section titled "Limited License; Permitted Uses" below. You don't acquire ownership rights to any content or materials viewed through the Site, and posting information or materials on the Site doesn't waive any right we have to that information and materials. Please note that some of the content on the Site may be the copyrighted work of third parties.

Logo & Marks

We love our name, Handpan 360, and all the other service marks, registered service marks, and trademarks associated with it. Any graphics, logos, or trade dress included or made available through the Site are our trademarks, and other logos, brands, product and company names mentioned on the Site may be the property of their respective owners.

Corrections, Changes & Errors

We reserve the right to change the pricing, features, functionality, or content of the Site at any time without notice to you. While we strive to ensure the product information, pricing, and other information on the Site is correct, accurate, timely, and reliable, we don't represent or warrant that it is always the case. We also don't guarantee that the Site will be free of errors, viruses, or other harmful components, or that we'll always be able to correct defects. We may edit or delete any documents, information, prices, or other content appearing on the Site at any time, and we reserve the right to cancel, suspend, terminate, delay, or delist any content published on Handpan 360, without explanation.

If you place an order for items that were mispriced, we'll do our best to notify you. If we have to cancel your order, we apologize for any inconvenience this may cause. However, we reserve the right to cancel any order for any reason at any time.

Linking to the Site

We welcome links to Handpan 360, as long as you don't remove or obscure our advertisements, copyright notice, or other important notices on the Site. Also, your site can't engage in illegal or obscene activities, and you must stop providing links to Handpan 360 immediately upon our request.

Registration

You're responsible for your use of Handpan 360, and for any use of the Site made using your account. Some sections or offerings of the Site may require registration, in which case you agree to provide us with accurate and complete registration information using your real name. Please note that your registration is for your personal use only and can't be used on behalf of anyone else. We don't permit (a) any other person using the registered sections under your name, or (b) access through a single name being made available to multiple users on a network. Please ensure that you prevent unauthorized use of your account. We may establish policies and practices concerning the use of Handpan 360, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices that are in our business interest. Also, please note that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. Please see our Privacy Policy for more information on how we handle personal information. Finally, please note that Handpan 360 is not available to minors (people under the age of majority in their state or province of residence), except in the limited circumstances outlined in our Privacy Policy. If you're under 16, please see our Privacy Policy. Also, the service is not available to temporarily or permanently suspended members of the Site. We reserve the right to refuse access to Handpan 360, or to terminate the account of any user, in our sole discretion and for any reason or no reason at all. You're responsible for maintaining the confidentiality of your password and account, and for immediately notifying us of any unauthorized use of your account or any other breach of account security. Finally, you're responsible for providing and maintaining valid and current payment information to purchase an item on Handpan 360. We won't be liable for any loss or damage arising from your failure to comply with this Section.

Third Party Content

Third-party content may appear on Handpan 360, or may be accessible via links from the Site. We're not liable or responsible for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the Site. We won't be liable in any way for (1) any items or content on the Site posted by third parties, other users, or at the direction of users (all, "Third Party Materials"), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that we don't, and are under no obligation, to review, screen, or inspect any Third Party Materials on the Site, although we reserve the right to do so, and remove Third Party Materials at our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials. Finally, please understand that the information and opinions in third-party content represent solely the thoughts of the author, and neither endorsed by nor necessarily reflect our belief.

User Content License

By posting any content, including but not limited to music compositions, audio recordings, and notations on the Handpan 360 Site, Mighty Network forum or its mobile application, you grant Handpan 360 and its affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, publish, publicly perform, publicly display, distribute, and create derivative works of such content for any purpose, including but not limited to monetization via book publishing, online video courses, and any other profit stream deemed legally important. This license extends to the use of the Mighty Networks platform and the Handpan 360 Site. You represent and warrant that you have all necessary rights to grant this license and that the use of the content will not infringe or violate the rights of any third party.

Use of Information

We value your privacy and security at Handpan 360. By using our Site, you authorize us to use and assign all information regarding Site uses by you and all information provided by you in a manner consistent with our Privacy Policy. If you enter address information, we may use it with Google Maps to simplify entry and format it consistently for our shipping partners. You can find Google's Terms of Service here. Please note that any remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will become our property. We won't be required to treat any Submission as confidential, and won't be liable for any ideas (including, without limitation, product, service, or advertising ideas) and won't incur any liability as a result of any similarities that may appear in our future products, services, or operations. Please note that we'll have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Please acknowledge that you're responsible for any material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

By posting your content on our Site, you grant Handpan 360 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate our ability to use the content consistent with this license that you have in the content, in any media now known or not currently known. Please note that if you choose to display your own Handpan 360-hosted image on another website, the image must provide a link back to its listing page on our Site. Please also understand that it's possible for an outside website or third party to re-post or index your content. You agree to hold us harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below.

Payments

We take payments seriously at Handpan 360. If you're purchasing something through our Site, you represent and warrant that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you'll pay the charges incurred by you at the posted prices, including any applicable taxes.

Taxes

Purchased items may be subject to applicable taxes in your jurisdiction, which we will collect from buyers on behalf of sellers, including Handpan 360 and third-party sellers, where obligated to do so, and in the event taxes are collected and we are legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of sellers. Note that taxes are not included in the listed price for items, but, before confirmation of the purchase, an estimate thereof may be displayed before confirmation of purchase. Taxes may be estimated based on offers made on items, but are subject to change if final sale price is different than original offer. Tax estimates are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where we do not any taxes, or all applicable taxes, from buyers.

Buyer Payment Commitment

When a buyer pays through the payment portal, they commit to completing the order and communicating any order issues through the website as soon as possible. If a buyer files a dispute with their financial institution, new Handpan 360 transactions will be paused until the dispute is resolved. If the bank decides in the buyer’s favor, the buyer is still responsible unless Handpan 360 states otherwise. The balance must be paid before any new purchases can be made. Any support for Handpan 360 purchases will be paused until payment has been collected.

Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. Even though we are not obligated to, in our sole discretion, we will use reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take action where appropriate. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent (contact information follows below) the following information: (a) an electronic or physical signature assuring you are the intellectual property owner or are authorized to act on behalf of the owner; (b) a description of the work that you claim has been infringed; (c) a description of the material you claim is infringing and where it is located on the Site; (d) your contact information, such as address, telephone number, and email address; and (e) a statement by you that you have a good faith belief that the disputed use is not authorized and the reason why you believe such use is not authorized.

If your work is removed due to infringement and you believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are the intellectual property owner, or authorized to represent the owner (b) description of the removed content, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information, such as address, telephone number, and email address and your consent to the exclusive jurisdiction of any federal or state courts located in Alachua County, Florida and a statement to accept service of process regarding the alleged infringement or violation of intellectual property laws.

You can contact our Copyright Agent for claims of copyright infringement or violations of intellectual property laws on our Site by using our contact form or sending mail to Handpan 360, Attn: Copyright Agent, 900 Northwest 8th Avenue, Gainesville FL 32601.

Information and Press Releases

Handpan 360 may provide information and press releases on the Site about the company. We do not guarantee the accuracy or completeness of this information and do not assume any obligation to update it. Any information about businesses or sellers other than Handpan 360 provided on the Site should not be relied upon as being endorsed by Handpan 360.

Forms, Agreements & Documents

Handpan 360 may offer sample and actual forms, checklists, business documents, and legal documents (collectively, "Documents") through the Site or other web pages. These Documents are provided for personal one-time use only, without the right to re-license, sublicense, distribute, assign or transfer such license. You may access and use these Documents for a fee but at your own risk. We do not make any warranties, express or implied, about the suitability, completeness, legal effect, accuracy, or appropriateness of the Documents. Handpan 360 and any provider of the Documents disclaim all warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions.

Limited License; Permitted Uses

Subject to the terms and conditions of this Agreement, Handpan 360 grants you a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement. You may use the Site solely for internal, personal, non-commercial purposes, and may print out discrete information from the Site solely for internal, personal, non-commercial purposes provided that you maintain all copyright and other policies contained therein. You may not use any printout or electronic version of any part of the Site or its contents for any litigation or arbitration matter.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use. You may not copy, print (except for the express limited purpose permitted by the Section titled "Limited License; Permitted Uses" above), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available all or any portion of the Site or any Content and Materials retrieved therefrom in any form or by any means. You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. You may not create compilations or derivative works of any Content and Materials from the Site, use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Handpan 360 or any third parties. You may not remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site. You may not make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future. You may not remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not use any automatic or manual process to harvest information from the Site, use the Site for the purpose of gathering information for or transmitting unsolicited commercial email or facsimile transmissions, or use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations. You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States or any other applicable jurisdiction.

Unlawful Activity

We reserve the right to investigate any reported violations of this Agreement and take any action we deem necessary, including reporting any suspected unlawful activity to law enforcement officials or other third parties, and disclosing any information necessary or appropriate to such persons or entities, relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Termination

We may, at our discretion, suspend or terminate your account without explanation, notice, or liability, including removing or discarding any content or items on the Site, for any reason, although we will strive to provide a timely explanation. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing your account on the Site. We will not have any liability whatsoever to you for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, fees, warranty disclaimers, indemnity, and limitations of liability.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Indemnification

You agree to release, indemnify, defend, and hold us and our Affiliated Parties harmless from any liability, loss, demand, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement, use of the Site, or infringement of someone else's rights. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party." If you are a resident of another jurisdiction, you waive any comparable law.

Disclaimer

YOUR USE OF OUR SITE IS AT YOUR OWN RISK. THE INFORMATION AND CONTENT FROM OR THROUGH THE SITE ARE PROVIDED "AS IS," "AS AVAILABLE," WITH "ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HANDPAN 360 MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH OUR SITE OR THAT THE SITE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.

WE MAKE NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.

Limitations & Liability

We and our Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from any errors or omissions from the Site or any services or products obtainable therefrom, the unavailability or interruption of the Site or any of its features, your use of the Site, the content on the Site, purchases, sales, or other obligations between users, negative or critical comments posted by other users, any third-party personally identifiable information you upload or provide to us, any cost of substitute goods or services, or any delay or failure in performance beyond our control.

You are solely responsible for your interactions with other users, including any purchase or sale transactions, and we will have no liability or responsibility with respect to such interactions, purchases, or sales. We reserve the right but are under no obligation to become involved in any dispute between you and another user.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

OUR AGGREGATE LIABILITY, INCLUDING OUR AFFILIATED PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, AND SERVICES PROVIDED HEREIN OR HEREBY, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100), AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our affiliates will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.

Electronic Communication, Documentation

By using the Service or sending e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents referenced herein will be considered a "writing" or "in writing" to comply with applicable legal requirements and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceedings.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in our headquarters location in Gainesville, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. All disputes arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in Alachua County, Florida, and you consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or be forever barred. All actions shall be subject to the limitations set forth in the Disclaimer and Limitation of Liability sections above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Arbitration

Handpan 360 is committed to resolving disputes amicably and efficiently. If you have any concerns or disputes, please contact us by phone at ‪(352) 316-7919‬ or by email at handpan360@gmail.com. Any unresolved dispute shall be settled, using the English language, by binding and confidential arbitration, notice of which must be sent to us by you, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days, you or Handpan 360 may commence an arbitration proceeding. The arbitration will be conducted in the exclusive jurisdiction and venue of Gainesville, Florida, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in-person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act or applicable binding arbitration in Gainesville, Florida. The arbitration will be governed by the American Arbitration Association’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. Handpan 360 may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU HEREBY WAIVE YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. Any claims brought by you must be brought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Florida law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by you within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Sweetwater.

Modifications

This Agreement and the terms described herein are subject to change at any time at Handpan 360's sole discretion. We may modify or discontinue the Site with or without notice. We are not liable to you or any third party for any such modification or discontinuation. When changes are made to this Agreement, we will make a new copy of the Agreement available by posting on our Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have registered to use the Site, we may also notify you via email or via the Site. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, do not use or access (or continue to use or access) the Site.

Users in California

Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to users in California:

California Civil Code. Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. Additional contact information is available at https://dca.ca.gov/about_us/contactus.shtml.

Acceptance of Agreement

By accessing or using the Handpan 360 Site, you agree to the terms and conditions set forth in this Agreement. This Agreement represents the full and exclusive understanding between Handpan 360 and you, and it supersedes any previous or contemporaneous agreements, understandings, and representations related to the Site or any products or services offered therein. Handpan 360 reserves the right to modify this Agreement at any time without prior notice. The most current version of this Agreement will be posted on the Site, and it is your responsibility to review and understand the terms prior to using the Site.