Term of Use

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

Welcome to www.encoremusiclessons.com (the “Website”). If You continue to browse and use the Website, You are agreeing to comply with and be bound by all of the following terms and conditions of use, which together with this Website’s Privacy Policy, govern Encore Music Lessons, LLC, its present and to be formed subsidiaries, and Encore Music Lessons of New York LLC’s (collectively, “Companies”) relationship with You and in relation to this Website.

By accessing, browsing, using or continuing to use this Website, You represent and warrant that You understand, agree to, and accept, without limitation or qualification, these Terms of Use and all terms and conditions contained herein. If You disagree with any part of these terms and conditions You may not access or use Companies’ Website, or use the music teacher matching services (“Matching Services”) or music lesson services (“Music Lessons”) offered on Companies’ Website (collectively, “Services”).

Because the Internet is an evolving medium, Companies may need to change these Terms of Use or impose new conditions on the use of this Website, from time to time, in which case Companies will post the revised Terms of Use on the Website. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Website, You accept these Terms of Use, including any modifications made as of the date of your use. Companies also have a Privacy Policy which You should read and may access by clicking on the link at the bottom of this page.

SECTION 1: CHANGES TO TERMS OF USE

Companies reserve the right to modify, suspend, or discontinue any portion of the Website and any information contained therein, or otherwise disable your access to all or a portion of the Website, at any time, with or without notice. Companies reserve the right, from time to time, with or without notice to You, to change these Terms of Use at Companies’ sole and absolute discretion.

Any modifications to these Terms of Use shall be effective upon posting to the Website. You agree to review these Terms of Use periodically so that You are aware of any such modifications. Your continued use of Companies’ Website or Companies’ Services after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to You, you should immediately cease use of Companies’ Website and Companies’ Services. You agree that the above-stated standard for notice of modifications is reasonable.

You may access the current version of these Terms of Use at any time by clicking the link marked “Terms of Use” at the bottom of each page of Companies’ Site.

SECTION 2: WEBSITE USE

Companies’ Website may contain email services, bulletin board services, chat areas, news groups, blogs, forums, communities, photo galleries, video recordings, audio recordings and/or other online message or communication tools that are designed to enable You to communicate with others (collectively, "Web Services"). However, Companies reserve the right to review content posted to the Website and to remove any content at Companies’ sole discretion. Companies reserve the right to terminate Your access to any or all of the Web Services at any time, without notice, for any reason whatsoever.

Companies reserve the right at all times to disclose any information as Companies deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or content, in whole or in part, at Companies’ sole discretion.

Companies do not control or endorse the content, messages or information found on this Website and, therefore, Companies specifically disclaim any liability with regard to the Website and the Web Services on Companies’ Website and any actions resulting from your participation with the Website, the Services and any Web Services.

Content uploaded to the Website may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if You download the content.

SECTION 3: INSTRUCTORS AND LESSONS

  1. The music instructors (“Instructor” or “Instructors”) listed on the Website and who provide Music Lessons are independent contractors and independent businesses and thus control the methods, materials, and all aspects of the Music Lessons themselves.

  2. Companies do not observe or supervise Instructors at any time. Nor do the Companies provide directives, instructions, or control of any kind to Instructors.

  3. Instructors are solely responsible and liable for any and all instruction, opinions, advice, statements, and other information provided before, after, and during the Music Lessons.

  4. Instructors are solely responsible and liable for the truthfulness and accuracy of the content posted on their teacher profiles which appear on Companies’ Website.

  5. Instructors are not authorized to make any representation, contract, binding agreement or commitment on behalf of the Companies.

  6. Instructors, together with any employees and other workers of an Instructor, are NOT employees of the Companies.

  7. The final determination regarding time and location of Music Lessons shall be by agreement between You and the Instructor.

  8. You are responsible for selecting the right Instructor for your needs. In making your selection, You should review and investigate each Instructor’s self-reported credentials and experience, as well as reviews from other Customers and reviewers if available.

  9. If you are not satisfied with the Instructor You are matched with it is Your responsibility to request a different Instructor.

  10. You are not under any obligation to accept the Instructor You are matched with.

  11. You are not under any obligation to schedule Music Lessons with the Instructor you are matched with.

  12. All interactions between an Instructor and a minor should be monitored and supervised by a responsible adult over the age of 18.

  13. Music Lessons cancelled within 24 hours of a scheduled Music Lesson count as a regular Music Lesson and will be charged. No-shows to a scheduled Music Lesson also count as a regular Music Lesson and will be charged. Please call your Instructor, not the Companies, to cancel a Music Lesson.

  14. You may change Instructors at any time for any reason subject to Instructor availability. You may stop Music Lessons at any time, subject to the Companies’ Cancellation Policy.

  15. Instructors may also cease providing Music Lessons to You at any time for any reason. If this occurs, the Companies will attempt to match You with another Instructor, subject to Instructor availability.

  16. Companies are not obligated nor required to match You with an Instructor nor will You hold the Companies responsible or liable if it is unable to match You with an Instructor.

  17. Companies make no guarantees, either express or implied, regarding Your compatibility or satisfaction with an Instructor.

  18. Companies make no guarantees, either express or implied, regarding Your musical progress, or lack thereof, over any period of time and over any number of Music Lessons.

  19. Companies make no guarantees, either express or implied, that a Student preparing for an audition of any kind will have a positive outcome, such as, but not limited to, getting hired by a band, or being accepted to a scholastic music program of any level.

SECTION 4: YOUR OBLIGATIONS AND CONDUCT

Your Obligations and Conduct: In consideration of your use of the Website, You agree to: (a) provide accurate, current, and complete information about You ("Personal Data") as may be prompted by any of the forms on the Website; (b) maintain the security of your password and identification; (c) maintain and promptly update the Personal Data and any information You provide to the Companies, to keep it accurate, current and complete; (d) accept all risks of unauthorized access to information and Personal Data; and (e) avoid using the Website if You are under the age of 13. If You are under the age of 13, You are not allowed to use the Website and You must ask a parent or guardian to use it on your behalf.

You are entirely responsible for all content that You upload, post, or otherwise transmit through Your use of the Website ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to the Companies or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. The Companies reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

SECTION 5: OTHER RESTRICTIONS ON YOUR USE OF COMPANIES’ WEBSITE

Code of Conduct

While using Companies’ Website You agree not to:

  • Access, or attempt to access, areas or features of Companies’ Website for which You do not have the proper authorization;

  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;

  • link one Company Website to another without consent of the Author of that Company Website;

  • restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Website;

  • use the Website for any unlawful purpose;

  • express or imply that any statements You make are endorsed by the Companies, without Companies’ prior written consent;

  • transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Companies’ or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

  • engage in spamming or flooding;

  • transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;

  • remove any copyright, trademark, or other proprietary rights notices contained in the Website;

  • "frame" or "mirror" any part of the Website without Companies’ prior written authorization;

  • use any robot, spider, Website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;

  • harvest or collect information about Website visitors or members without their express consent;

  • create more than one profile without Companies’ express written consent;

  • permit anyone else whose account or subscription was terminated, or who is not a Companies’ paid or trial subscriber, to use the Website through your subscription, username or password;

  • engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes without the prior written permission from the Companies;

  • solicit any Instructor to work with or for another company as either an employee or an independent contractor.

You may not use Companies’ Services:

  • in a manner that violates any national, state, local or international law, rule or regulation;

  • for criminal or illegal activity or to provide instructional information about illegal activities;

  • in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support Companies’ Services;

  • in a manner that Companies determine, in Companies’ sole discretion, restricts or inhibits any other user from using or enjoying Companies’ Services.

SECTION 6: ELIGIBILITY

Companies’ Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Companies’ Services are not available to minors under the age of eighteen (18) (unless registered by a parent or legal guardian or adult over the age of 18).

You hereby authorize the Companies to verify your representations and warranties herein, and You acknowledge the Companies reserve the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks and using other available public records, and to take action it deems appropriate in Companies’ sole discretion, including but not limited to terminating your relationship with the Companies should Companies determine, in Companies’ sole opinion, that You have violated any representation or warranty or any other provision of these Terms of Use.

SECTION 7: BILLING AND PAYMENTS

  1. You understand that Companies will require You to pay for your first lesson in advance;

  2. You understand that after the first Music Lesson Companies will automatically charge your credit/debit card at the beginning of each month, starting on the 1st of the month, for Music Lessons taken in the previous month;

  3. However, You understand Companies reserve the right to bill You in advance of each month’s Music Lessons, if your credit card is not successfully charged by the 15th of the month, for Music Lessons taken the previous month;

  4. Any payment issues concerning the Music Lessons received by You or the Student or payment due to the Instructor must be resolved directly between You and the Instructor.

  5. You understand that a $20 late fee will be charged for all payments 30 days past due.

SECTION 8: LIMITATIONS ON USE

You must be 18 years of age or older to utilize the Matching Services and register for the Music Lessons. While individuals under the age of 18 may utilize the Service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Website is for Your personal and non-commercial use and Companies grant You a limited license to access the Website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Website without Companies’ express written consent. Companies do not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Website or its contents will terminate the limited license granted by Companies.

NOTWITHSTANDING THE FOREGOING, COMPANIES DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE WEBSITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD COMPANIES HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS WEBSITE.

SECTION 9: RELEASE

If You so request, Companies will seek to match You with an Instructor who will then contact You regarding Music Lessons. In the event that You and an Instructor agree on the provision of Music Lessons, such agreement is solely between You and the Instructor; Companies are not a party to any such agreement. Any issues concerning the Music Lessons received by You or payment due to the Instructor must be resolved directly by You and the Instructor.

Companies will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website, the Instructors or the Companies’ Services. By using this Website or the Services, You do hereby represent, understand, and expressly agree to hold Companies harmless for any claim or controversy that may arise from any disputes between You, the Companies, or any Instructors registered with the Companies. By using this Website, You do hereby agree to report any alleged improprieties of any users therein to Companies immediately by notifying Companies of the same via electronic correspondence.

Companies make no warranty or representations that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, Music Lessons, Content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Website will be corrected.

SECTION 10: TERMINATION

You or the Companies may terminate your account at any time, for any reason or no reason, with or without explanation, effective upon sending written notice (letter or email) to the other party. Payment for all outstanding Music Lessons provided by an Instructor, up to the date of termination will be due and payable according to the Companies’ Payment and Cancellation Policy. To cancel Music Lessons please contact your Instructor directly.

SECTION 11: LINKS TO EXTERNAL SITES

Links from the Website to external sites (including external sites that are framed by Companies or inclusion of advertisements) do not constitute an endorsement by Companies of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Companies does not control such sites, and is not responsible or liable for their content advertising, services, products, or other materials on or available from such websites. Just because Companies have hyperlinks to such sites does not mean that Companies endorse any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any Website controlled, owned, or operated by third parties is governed by the terms and conditions of use for those sites, and not by Companies’ Terms of Use and Privacy Policy. Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.

SECTION 12: INFORMATION PROVIDED BY USERS

By posting Content to any public or member area of the Website You automatically grant, and You represent and warrant that You have the right to grant to the Companies, Companies’ Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. No compensation will be paid with respect to the use of your Submission, as provided herein. You further represent and warrant that public posting and use of your Content by Companies will not infringe or violate the rights of any third party.

SECTION 13: COPYRIGHT AND TRADEMARK NOTICE

All content on Companies’ Website is protected by copyright. You may only use the information, text or graphics contained in this Website for your personal use and may not reproduce, adapt or publish it, in whole or in part, for any purpose without the express written consent of the Companies.

SECTION 14: INTELLECTUAL PROPERTY RIGHTS

Except as expressly authorized by Companies or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means.

"Companies’ Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Companies use in connection with Companies’ products and services. You may not remove or alter any Companies’ Trademarks, or co-brand your own products or material with Companies’ Trademarks, without the Companies written consent. You acknowledge the Companies’ rights in Companies’ Trademarks and agree that any use of Companies’ Trademarks by You shall inure to the Companies’ sole benefit. You agree not to incorporate any of the Companies’ Trademarks into your trademarks, service marks, Companies’ names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Companies on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this document. Upon termination, You must immediately destroy any downloaded and/or printed Content.

Companies hereby grant You a limited license to access and use Companies’ Website to which You have properly gained access, and to download and print copies of any Content to which You have properly gained access, but only for your own personal, non–commercial use, and only if You do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms of Use, unless You first obtain Companies’ written permission. This license and these restrictions do not apply to your own Submission.

Any service marks and trademarks of the Companies and the Companies’ logo are owned by Companies’. Any other trademarks, service marks, logos and/or trade names appearing on the Website are the property of their respective owners. Users acknowledge the rights of Companies and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

SECTION 15: CLAIMS OF COPYRIGHT INFRINGMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If You believe in good faith that materials hosted by the Companies infringe your copyright, You (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to us by emailing us. Companies suggest that You consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

SECTION 16: COPYRIGHTS AND COPYRIGHT AGENT

Companies respect the rights of all copyright holders and in this regard, Companies have adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who infringe the rights of copyright holders. If You believe that your work has been copied in a way that constitutes copyright infringement, please provide Companies’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party;

  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, Companies’ agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  7. For copyright inquiries under the Digital Millennium Copyright Act please contact: Encore Music Lessons, LLC, 106 Main Street, Suite 4, Burlington, VT 05401.

SECTION 17: INDEPENDENT CONTACTORS

You are advised that the Instructors registered with the Companies and listed on this Website are independent contractors and independent businesses and NOT employees of the Companies. Companies do not warrant the Music Lessons provided by any Instructor listed on the Website. It is up You to choose the best Instructor for your situation.

You agree that under no circumstances are Companies liable for any incidental, consequential, material, punitive, physical OR OTHER damages, bodily injury, emotional distress, discomfort, mental, or other damages of any nature whatsoever arising out of or in connection with the actions or inactions of any INSTRUCTOR. You are advised that Companies do not warrant the Music Lessons provided by any INSTRUCTOR and that it is your sole decision on which INSTRUCTOR you choose. This paragraph shall survive termination of this agreement.

SECTION 18: ONLINE CONTENT

Any information, including but not limited to statements, opinions, advice, offers, or other information or content made available through this Website are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

COMPANIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE AND COMPANIES NEITHER ADOPT NOR ENDORSE NOR ARE COMPANIES RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN THE COMPANIES. UNDER NO CIRCUMSTANCES ARE THE COMPANIES RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THIS WEBSITE OR TRANSMITTED TO MEMBERS.

SECTION 19: DISCLAIMER OF WARRANTY

NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY COMPANIES AS TO (1) WEBSITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY WEBSITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE WEBSITE, AND (3) ANY MUSIC LESSONS AND/OR PRODUCTS SOLD BY COMPANIES OR LISTED BUSINESSES.

WHILE COMPANIES RESERVE THE RIGHT, BUT NOT HAVE THE OBLIGATION, TO MONITOR THE CONTENT POSTED IN THE PUBLIC AREAS OF THE SERVICE. COMPANIES SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN COMPANIES’ SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. COMPANIES RESERVE THE RIGHT TO MAKE EDITS AND MODIFICATIONS TO ENTRIES TO REPLACE MISSPELLINGS, OR OTHER EDITS. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THIS WEBSITE AND IN ANY COMMUNICATIONS BETWEEN YOU AND OTHER USERS OR INSTRUCTORS.

Your use of this Website is at your sole risk unless otherwise explicitly stated. The Website, including the CONTENT, WEB SERVICES AND COMPANIES’ SERVICES ARE provided on an "as is", "as available", and "with all faults" basis. Companies DISCLAIM all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Companies make no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Website.

FURTHER, COMPANIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. COMPANIES DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. COMPANIES RESERVE THE RIGHT, AT ANY TIME AND IN COMPANIES’ SOLE DISCRETION, TO MODIFY OR CHANGE THE WEBSITE OFFERING. COMPANIES PROVIDE NO GUARANTEE OF ANY KIND THAT THE WEBSITE, CODE, LAYOUT, DESIGN, SEARCH ALGORITHMS, SEARCH RESULTS, FUNCTIONALITY, OR ANY OTHER ITEM RELATED TO THE WEBSITE WILL NOT MATERIALLY CHANGE DURING THE COURSE OF THE TERM OF YOUR USE OF THE WEBSITE OR THE SERVICES OR MUSIC LESSONS PROVIDED THEREIN.

SECTION 20: DISCLAIMER OF WARRANTY LIMITATIONS

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANIES OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE WEBSITE, THE WEB SERVICES, THE SERVICES OR ANY PORTION THEREOF, EVEN IF COMPANIES OR COMPANIES’ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE OF THE WEBSITE, THE WEB SERVICES, THE SERVICES OR ANY PORTION THEREOF YOU ASSUME ANY AND ALL COSTS ASSOCIATE WITH SUCH USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER COMPANIES, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT, THE WEBSITE, THE WEB SERVICES, OR SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD THE COMPANIES OR COMPANIES’ EMPLOYEES, AGENTS LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE WEBSITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANIES’ CONTENT, THE SERVICES OR ANY PORTION THEREOF.

UNDER NO CIRCUMSTANCES ARE THE COMPANIES, THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.

SECTION 21: NO LIABILITY FOR NON-COMPANIES’ ACTIONS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE OR ANY CHANGE IN THE FUNCTIONALITY OF THE WEBSITE, OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER USERS OR INSTRUCTORS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

SECTION 22: LIMITATION OF LIABILITY

To the full extent permitted by law, Companies ARE not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Website, even if Companies HAVE previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Website; (b) the cost or procurement of substitute goods and SERVICES resulting from any goods, data, information, or SERVICES purchased or obtained, or messages received or transactions entered into, through or from the Website; (c) statements or conduct of any third party on the Website, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content or information you my download, use, modify, or distribute.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANIES, THEIR SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND THE COMPANIES’ RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANIES WEBSITE OR SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANIES’ WEBSITE AND SERVICES.

SECTION 23: INDEMNIFICATION

You consent to cooperate with any and all claims as THE Companies and THEIR Affiliates, at your expense, reserve the right to assume exclusive defense and control of any matter in which you are required to indemnify COMPANIES. COMPANIES will make reasonable efforts to make you aware of any claim, action, or proceeding. you may not settle any matter WITHOUT WRITTEN CONSENT FROM THE COMPANIES.

You agree to indemnify, defend, and hold THE COMPANIES, THEIR officers AND employees harmless from any and all claims damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from your activities in connection with the Website or any SERVICES related to an INSTRUCTOR found through Companies’ services.

SECTION 24: CHOICE OF LAW, JURISDICTION, AND VENUE

These Terms of Use and the relationship between You and Companies shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Vermont U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction.

ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SERVICES OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN CHITTENDEN COUNTY, VERMONT, U.S.A. YOU AND COMPANIES IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.

You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which You reside should determine that the provisions of this paragraph are not enforceable, then You agree to submit to binding arbitration.

SECTION 25: STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Companies’ Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


SECTION 26: GENERAL

As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

These Terms and any policies applicable to You posted on the Website constitute the entire agreement between You and Companies and cancel and supersede any prior versions of these Terms of Use, with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved.

These Terms shall inure to Companies benefit and to the benefit of Companies’ agents, licensors, licensees, successors, and assigns. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use Companies’ Website, Services or third-party products. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

Companies’ failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

You agree that any material breach of the Terms will result in irreparable harm to Companies for which damages would be an inadequate remedy and, therefore, in addition to Companies’ rights and remedies otherwise available at law, Companies will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Companies seek such an injunction. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect.

You acknowledge that You are over the age of 18 and that You have requisite power and authority to execute, deliver and perform these Terms of Use and any other agreements contemplated hereby and to consummate the transactions contemplated herein.

These Terms of Use may be amended only as set forth above in these Terms of Use.

Contact Us

If You have any questions regarding this Terms of Use, please contact us by email at info@encoremusiclessons.com.