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Terms & Conditions

COGS CUSTOM DRUMS LLC - TERMS OF SERVICE

Ordering Terms & Conditions:

Returns:

COGS CUSTOM DRUMS LLC (“CCD”) does not accept returns, as all orders are custom made,
however, CCD may, in its sole and absolute discretion, accept returns for products that arrive in
a condition that departs form the product’s intended design (“Manufacturing Defects”) under the
following terms:

Manufacturing defects will be covered for a period of one (1) year from the date of purchase by
original customer only.

Manufacturing warranty is non-transferable.

Contact CCD immediately to be provided an RMA number.

Customer is responsible for the cost of shipment back to CCD.

Items damaged or non-functioning due to neglect, extreme temperature/humidity, abuse, ANY
MODIFICATION, abnormal strain will not be covered. Customer is responsible for all labor and
shipping if item is found to have any of these issues.

CCD shall bear no responsibility for any electronic defects. Contact electronics manufacture for
any warranty items.

Cosmetic damage to any finishes, wraps, lugs, rims, fasteners is not covered under warranty.
Fastener cross-threading is not covered under warranty.

Wood hoops are not recommended for snare drums and are not covered under warranty.

Finishing – all items are custom made to order, so finishes may be slightly different between
items. We do our best to match each item.

Shipping:

Products shall be shipped via UPS, or other carrier as CCD may choose from time-to-time. Initial
Shipping costs are estimates only. We will do our best to keep costs as low as possible.

Customer is responsible for final shipping costs and will be billed exact shipping rate at time of
final payment. Shipping rates may vary depending on method of shipment, destination, size and
weight of shipment, and/or VAT, taxes, duties, import fees and any other associated fees.

International shipping shall be made available, however, customer is responsible for all tariffs,
duties, taxes and ay other fees imposed by the exporting and/or importing countries.

CCD is not responsible for lost or damaged packages. Contact the shipping carrier.

Placing Orders:

By placing your order you are approving the specs listed for your custom order.
Payment for all Standard In-Stock products is due in full upon checkout and submission of the
order.

All Custom orders will require a 50% deposit upon the submission of the order. The remaining
50% shall be paid at the time of or before the order is shipped.

All sales are final, no changes or returns accepted. By placing an order you understand and agree
to the specifications listed in the description and the standard specs CCD offers on all drums.

By purchasing Standard In-Stock items, you agree to the specs and condition listed on the
product at the time of purchase.

Average turnaround time for all Standard In-Stock orders is approximately five (5) business
days, and approximately 90 – 120 days after payment of deposit and order approval for Custom
orders. These times are estimates based on average orders, and CCD does not guaranty your
order will be fulfilled within the same. CCD reserves the right to amend these turnaround times
from time to time in its sole discretion.

NV Billing Addresses are required to pay state tax.

Please note that CCD is not responsible nor does our shipping quote include VAT, duties, taxes,
import delivery fees, or any other fees associated with shipping (domestic or international).
Customer is responsible for these fees.

It is strongly recommended that you order all intended custom items at the same time to ensure
color matching and prices. In order to match custom colors in the future, we will need to have
one of the drums sent back to us, and all packing and shipping charges related to the same shall
be customer’s responsibility.

OVERVIEW

This Website is operated by CCD. Throughout the Website and these Terms of Service, the
terms “we”, “us” and “our” refer to CCD and the terms “customer”, “you” and “your” refer to
the Customer. CCD offers this Website, including all information, tools and services available
from this Website to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the Website, including without
limitation users who are browsers, vendors, customers, merchants, and/ or contributors of
content.

Please read these Terms of Service carefully before accessing or using our Website. By
accessing or using any part of the Website, you signify that you have read, understand and agree
to be bound by these Terms of Service and any other applicable law, whether or not you are a
registered member of the Website. CCD may change these Terms of Service at any time without
notice, effective upon its posting to the Website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the Website following the posting of
any changes constitutes acceptance of those changes. If you do not agree to all the terms and
conditions of these Terms of Service, then you may not access the Website or use any services
thereon or related thereto. If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.

Our store is hosted on Bigcommerce Pty. Ltd. Ecommerce Platform. They provide us with the
online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or province
of residence and you have given us your consent to allow any of your minor dependents to use
this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction. You shall not transmit any worms or viruses or
any code of a destructive nature. A breach or violation of any of the Terms will result in an
immediate termination of your Services.

SECTION 2 - USE RESTRICTIONS

You may use the Content on the Website only for your own non-commercial use to participate in
the Website or to place an order or purchase CCD products. You agree not to change or delete
any ownership notices from materials downloaded or printed from the Website. You agree not to
modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish,
download, display, post, transmit or sell any Intellectual Property or Content appearing on the
Website, including User Content (defined below), without CCD's prior written consent, unless it
is your own User Content that you legally post on the Website. You agree not to use any data
mining, robots, scraping, or similar data gathering methods. Nothing in these Terms of Service
shall be interpreted as granting any license of intellectual property rights to you.

SECTION 3 - INTELLECTUAL PROPERTY

All intellectual property on the Website (except for User Content) is owned by CCD or its
licensors, which includes materials protected by copyright, trademark, trade dress or patent laws.
All trademarks, service marks and trade names (e.g., the CCD name and logos) are owned,
registered and/or licensed by CCD. All content on the Website (except for User Content),
including but not limited to text, software, scripts, code, designs, graphics, photos, sounds,
music, videos, applications, interactive features and all other content ("Content") is a collective
work under the United States and other copyright laws and is the proprietary property of CCD,
its licensors, vendors, agents and/or its Content providers; All rights reserved. Except as
authorized under the copyright laws, you are responsible for obtaining permission before reusing
any copyrighted material that is available on the Website. For purposes of these Terms of
Service, the use of any such material on any other Website or networked computer environment
is prohibited. You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Website. The Website may only be used for
the intended purpose for which such Website is being made available. Except as may be
otherwise indicated in specific documents within the Website, you are authorized to view, play,
print and download documents, audio and video found on the Website for personal,
informational, and noncommercial purposes only.

SECTION 4 - ACCOUNT REGISTRATION AND TERMINATION;
USERNAME/PASSWORD

To order products and/or become a member of the Website, you may be required to register for
an account. You agree to provide accurate and current information about yourself in all
registration forms on the Website. You are responsible for any actions that take place while using
your CCD account, and You are entirely responsible for the security and confidentiality of your
username and password. Keep your username/password secure and do not allow anyone else to
use your username/password to access the Website. CCD is not responsible for any loss that
results from the unauthorized use of your username/password, with or without your knowledge.
You or we may suspend or terminate your account or your use of the Website at any time, for
any reason or for no reason. You are personally liable for any orders placed or charges incurred
through your account prior to termination. We may also block your access to the Website in the
event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may cause financial loss or
legal liability for you, our users or us.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete
or current. The material on this Website is provided for general information only and should not
be relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material on
this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to modify the contents
of this Website at any time, but we have no obligation to update any information on our Website.
You agree that it is your responsibility to monitor changes to our Website.

SECTION 6 – PRODUCTS, SERVICES AND ORDERS

All orders placed through the Website are subject to CCD's acceptance. This means that CCD
may refuse to accept or may cancel any order, whether or not the order has been confirmed, for
any or no reason, and without liability to you or anyone else. If your credit card has already been
charged for an order that is later cancelled, CCD will issue You a refund.

For all charges for any products and/or services sold on the Website, CCD will bill your credit
card or alternative payment method offered by CCD through the Website. In the event legal
action is necessary to collect on any balances due, you agree to reimburse CCD for all expenses
incurred to recover sums due, including reasonable attorneys' fees and other legal expenses. You
are responsible for purchase of, and payment of charges for, all Internet access services and
telecommunications services needed for use of this Website.

Prices for our products are subject to change without notice. We reserve the right at any time to
modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension
or discontinuance of the Service.

Certain products or services may be available exclusively online through the Website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your monitor's display of any color
will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions
of products or product pricing are subject to change at anytime without notice, at our sole and
absolute discretion. We reserve the right to discontinue any product or service at any time. Any
offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will
be corrected.

SECTION 7 - USER CONTENT

"User Content" is communications, materials, information, data, opinions, photos, profiles,
messages, notes, website links, text information, music, videos, designs, graphics, sounds,
reviews and any other content that you and/or other Website users post or otherwise make
available on or through the Website, except to the extent the Content is owned by CCD. User
Content does not represent the views of CCD or any individual associated with CCD, and we do
not control User Content. In no event shall you represent or suggest, directly or indirectly,
CCD’s endorsement of User Content. CCD does not vouch for the accuracy or credibility of any
User Content on our Website, and does not take any responsibility or assume any liability for any
actions you may take as a result of reading User Content on the Website. Through your use of
the Website, you may be exposed to Content that you may find offensive, objectionable, harmful,
inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting
under false pretense, international trade issues and foreign nationals. By using the Website, you
assume all associated risks.

User Content is not confidential or proprietary. You grant, and warrant that you have the right to
grant, to CCD a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual
right to use your User Content in any manner or media now or later developed, for any purpose,
commercial, advertising, or otherwise, including the right to translate, display, reproduce,
modify, create derivative works, sublicense, distribute, assign and commercialize without any
payment due to you.

You are prohibited from using the Website to post or transmit any User Content which infringes
or may infringe third party intellectual property rights or which is threatening, false, misleading,
inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating,
illegal or which could constitute or encourage conduct that would be considered a criminal
offence, violate the rights of any party or which may otherwise give rise to civil liability or
violate any law.

You agree to indemnify, defend, and hold harmless CCD, its affiliates, officers, directors,
employees, agents, licensors and suppliers from and against all claims, losses, liabilities,
expenses, damages and costs, including, without limitation, attorneys' fees, arising from or
relating in any way to your User Content, your use of Content, your use of the Website, your
conduct in connection with the Website or with other Website users, or any violation of these
Terms of Service, any law or the rights of any third party.

SECTION 8 - THIRD PARTY LINKS

From time to time, this Website may contain links to websites that are not owned, operated or
controlled by CCD or its affiliates. All such links are provided solely as a convenience to you. If
you use these links, you will leave this Website. CCD is not responsible for any content,
materials or other information located on or accessible from any other website. Neither we nor
any of our respective affiliates endorse, guarantee, or make any representations or warranties
regarding any other websites, or any content, materials or other information located or accessible
from any other websites, or the results that you may obtain from using any other websites. If you
decide to access any other websites linked to or from this Website, you do so entirely at your
own risk.

SECTION 9 - DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

In operating the Website, CCD may act as a "services provider" (as defined by DMCA) and offer
services as online provider of materials and links to third party websites. As a result, third party
materials that we do not own or control may be transmitted, stored, accessed or otherwise made
available using the Website. If you believe any material available via the Website infringes a
copyright, you should notify CCD using the notice procedure for claimed infringement under the
DMCA. We will respond expeditiously to remove or disable access to the material claimed to be
infringing and will follow the procedures specified in the DMCA to resolve the claim between
the notifying party and the alleged infringer who provided the Content.

If you believe that your work has been improperly copied and posted on the Website, such that it
constitutes infringement, please provide us with the following information: (1) name, address,
telephone number, email address and an electronic or physical signature of the copyright owner
or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that
you claim has been infringed; (3) a description of where on the Website the material that you
claim is infringing is located; (4) a written statement that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement
by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's behalf. These
requirements must be followed to give CCD legally sufficient notice of infringement. Send
copyright infringement complaints to:

Cogs Custom Drums, LLC - Legal Department (Copyright)
10120 W. Flamingo Rd. Ste. 4-80, Las Vegas, Nevada 89147
Telephone: 702.996.0313

SECTION 10 - PRIVACY

CCD’s Privacy Policy, which is incorporated into these Terms of Service by this reference,
further describes the collection and use of Personal Information on this Website.

SECTION 11 - WARRANTY DISCLAIMER

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, CCD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SERVICE. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

CCD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR
SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO
BE MADE AVAILABLE, THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE
OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE
CORRECTED. INSTALLATION AND USE OF THE SOFTWARE MAY AFFECT THE
USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES.

SECTION 12 - LIMITATION OF LIABILITY

CCD SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST
DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS
WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE
WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR
OFFLINE) OR ATTENDANCE AT A CCD EVENT OR ANY USER CONTENT, EVEN IF
CCD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY
AGAINST CCD FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING
THE WEBSITE. THAT SAID, IF CCD IS FOUND TO BE LIABLE TO YOU FOR ANY
DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS
WEBSITE OR ANY CONTENT, CCD'S LIABILITY SHALL NOT EXCEED US $100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CCD and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of any law or the rights
of a third-party.

SECTION 14 – RISK OF LOSS

All products purchased from CCD are made pursuant to a shipment contract. This means that the
risk of loss and title for such products pass to you upon our delivery to the carrier.

SECTION 15 - MISCELLANEOUS

You agree that this Website shall be deemed a passive website solely based in Nevada, USA,
which does not give rise to personal jurisdiction over CCD in jurisdictions other than Nevada.
You agree that this Website, Terms of Service, Privacy Policy and any dispute between you and
CCD shall be governed in all respects by Nevada law, without regard to choice of law
provisions. You consent to the exclusive jurisdiction of the state and federal courts located in
Clark County, Nevada. CCD does not guarantee continuous, uninterrupted or secure access to the
Website, and operation of the same may be interfered with by numerous factors outside of
CCD’s control. Except where prohibited, you agree that all disputes, claims and legal
proceedings directly or indirectly arising out of or relating to this Website (including but not
limited to the purchase of CCD products) shall be resolved individually, without resort to any
form of class action, and exclusively in the state or federal courts located in Clark County,
Nevada. You consent to waive all defenses of lack of personal jurisdiction and forum nonconveniens
with respect to venue and jurisdiction in the state and federal courts of Clark County,
Nevada. Any cause of action or claim you may have with respect to the Website (including but
not limited to the purchase of CCD products) must be commenced within one (1) year after the
claim or cause of action arises. By using the Website, you agree to receive certain electronic
communications from CCD. You agree that any notice, agreement, disclosure or other
communication that CCD sends you electronically will satisfy any legal communication
requirements, including that such communications be in writing. CCD's failure to insist upon or
enforce strict performance of any of these Terms of Service shall not be considered a waiver of
any provision or right. Neither the course of conduct between the parties nor trade practice shall
modify any of these Terms of Service. If any provision of these Terms of Service is held to be
invalid or unenforceable, such provision shall be struck and the remaining provisions shall be
enforced. Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. CCD may assign its rights and duties under these
Terms of Service to any party at any time without notice to you. These Terms of Service set forth
the entire understanding and agreement between us with respect to the subject matter hereof.

SECTION 16 - TERMINATION

CCD reserves the right in its sole discretion to terminate your account, delete your profile and
any of your User Content, and restrict your use of all or any part of the Website for any or no
reason, without notice, and without liability to you or anyone else. CCD also reserves the right to
block users from certain IP addresses or Device numbers and prevent access to the Website. You
understand and agree that some of your User Content, such as that which is displayed outside
your profile, in activity feeds, in other parts of the Website, or on other Websites (e.g., Facebook,
Twitter, Google, etc.), may continue to appear on the Website or on other websites even after
your User Content is removed or your account is terminated. These Terms of Service remain in
effect even after your account is terminated. The Terms of Service relating to Intellectual
Property, Indemnification, User Content Disclaimer, Warranty Disclaimer, Limitation of
Liability, Miscellaneous, Severability and terms that by their nature may survive termination
shall survive any termination.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@cogsdrums.com.