a-You further agree that you will not:
i-take any action that imposes or may impose (in Website Owner’s sole discretion) an unreasonable or disproportionately large load on Website Owner’s infrastructure;
ii-copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Website without Website Owner’s express prior written consent and the appropriate third party, as applicable; or
iii-interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
5-Links to Other Websites. The Website may contain links to other websites (“Linked Websites”). The Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that Website Owner is not responsible for, and does not endorse, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Websites, whether or not Website Owner is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, Website Owner is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website.
6-Proprietary Rights. You acknowledge and agree that the trademarks of Website Owner (the “Marks”), the Website, the Content, the goods and services, and the content and look and feel of the Website, to the extent protectable, are proprietary, original works of authorship of Website Owner, or licensors of Website Owner, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, the goods and services, the content, and look and feel of the Website are and shall remain with Website Owner or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of Website Owner, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of Website Owner or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including Your Website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.
7-Interruptions in Service. The Website and access to the content of the Website may from time-to-time be unavailable to you or users of Your Website, whether because of technical failures or interruptions, intentional downtime for service or changes to the Website, or otherwise. You agree that Website Owner shall have no liability of any nature to you or any third party for any modifications to the Website, and any interruption or unavailability of access to the Website or its content.
a-Information Website Owner collects may include: contact information; names; addresses; email; credit/debit card information; phone numbers; and any other information pertinent to your order and payment.
c-Cookies are small files that the Website sends to and stores on your computer so that Website Owner can recognize it as a unique machine the next time you visit our site. The cookies are to help optimize your online experience depending on your particular needs or browsing patterns, and to help the Website Owner understand the size of audience and traffic patterns within our network.
9-Disclaimer of Warranties. YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING: YOUR USE OF AND RELIANCE UPON ANY AND ALL CONTENT AND SERVICES, INCLUDING WITH RESPECT TO ANY PRODUCTS OR SERVICES, CONTAINED IN OR PROVIDED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. SUCH CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBSITE OWNER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. WEBSITE OWNER DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.
10-Exclusion of Liability. IN NO EVENT WILL WEBSITE OWNER BE LIABLE TO YOU, ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE, OR ANY LINKED WEBSITE, IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON OR USE OF DATA, CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL ON THE WEBSITE OR A LINKED WEBSITE.
12-User Supplied Information. Website Owner does not want to receive confidential or proprietary information from you via the Website. You agree that any material, information, or data you transmit to Website Owner or post to the Website (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Website Owner the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
17-Private, Online Music Lessons. By choosing online music lessons with Guitar Smith Online®, students have the option to explore one, some, or all of the musical areas Adam specializes in, i.e., Emotional Pitch®: Unraveling the Art of Music Theory; the essentials of music theory; music composition; and jazz, rock, and blues guitar. Lessons are 50-minutes once a week and are pre-scheduled on a monthly basis. Each lesson is $40.00 USD, and billing invoices will be emailed to the student the week prior to the start of the next month. Monthly payments are to be made in full at least 24-hours before the first lesson of each month. If the student signs up for lessons in the middle of the month, the invoice will be prorated for the remaining weeks of the current month; and a week before the next month, the invoice will reflect the standard billing cycle.
If, for any reason, a student needs to cancel a lesson, s/he will need to provide Adam of Guitar Smith Online® with 24-hour notice, at which time, he’ll attempt to reschedule the lesson. If rescheduling isn’t possible or convenient for the student, the payment for that week’s lesson will carry over to the next month (e.g., instead of being charged for four weeks, s/he will be billed for three as the fourth will have already been paid for due to the carryover). Lessons that the student is unable to show up for or that are cancelled without 24-hour notice are non-refundable.
PayPal Invoicing is used for all private, online music lesson transactions. Invoices are delivered to the student’s email inbox; therefore, it is the student’s responsibility to notify Guitar Smith Online® of any changes to contact information, if and when necessary. The student must make payments online using a credit or debit card, or by using PayPal. A PayPal account is not needed to make payments or to schedule an appointment for music lessons.