Terms and Conditions ("Terms")

Our Terms and Conditions were last updated on August 8, 2022.

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• "Company" (referred to as either "the Company, "We", "Us", or "Our" in this Agreement) refers to Beyond the Music Classroom™, LLC.
• "Country" refers to the United States of America.
• "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• "Device" means any device that can access the Services such as a computer, a cellphone or a digital tablet.
• "Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• "Products" refer to the products or items offered for sale on the Service.
• "Orders mean a request by You to purchase Products from Us.
• "Promotions" refer to contests, sweepstakes or other promotions offered through the Service.
• "Meeting" refers to any group session, group session, individual session, one-on--one session or something similar that is offered on the Service.
• "Service" refers to the Website.
• "Terms and Conditions" (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• "Website" refers to Beyond the Music Classroom™, accessible from https://www.beyondthemusicclassroom.com
• "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Passwords

Where we have given You (or where You have chosen) a password to access certain parts of the Service, You are responsible for protecting this password and keeping it confidential. As the safety and security of your information also depends on the precautions You take, We ask You not to share the password with anyone. If You believe the password has been compromised, you should immediately contact the Company at information@beyondthemusicclassroom.com

Your Content

Your Right to Post Content during online Meetings

During an online Meeting, You may post Content. You are responsible for the Content that You post in the online Meeting, including its legality, reliability, and appropriateness.

By posting Content during the Meeting, You retain any and all of Your rights to any Content You submit, post or display on or through the Meeting and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours and You own it or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content does not violate the privacy rights, publicity rights, copyrights contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the Content You post on the Service or in the Meeting. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to the following:

• Unlawful or promoting unlawful activity
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sex, sexual orientation, gender, gender identity, gender expression, national/ethnic origin, or other targeted groups.
• Spam, machine - or randomly - generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any from of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojans, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the online Meeting, you agree to attend the online Meeting at your own risk. You understand that by attending the online Meeting, You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content provided by the Company

All materials (including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) on the Website and in the Meeting are property of the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, modified, reproduced, republished, create derivative works of, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer server, website or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.

You agree not to do or enable others to do any of the following while using the Service:

• circumvent or disable any security or other technological features or measures of the Service.
• copy, modify, decompile, reverse engineer, disassemble, or otherwise attempt to discover source code, decrypt, modify or create derivative works of any elements of the Service.
• Engage in any activity that would interfere with, damage or harm the Service.
• Use any bots, spiders or crawlers or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content
• in any way reproduce or circumvent the navigational structure or presentation of the Website or any content
• to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

The Company reserves the right to bar any such activity.

Copyright Policy

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Intellectual Property infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to Us via email information@beyondthemusicclassroom.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see17 U.S.C. 512(c)(3) for further details):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• 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.

You can contact Us via email information@beyondthemusicclassroom.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content form the Service.

Placing Orders for Products

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

We reserve the right to refuse or cancel Your Order at any time for certain reasons including, but not limited to:

• Products' availability
• Errors in the description or prices for Products
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Cancellation Rights

Any Products you purchase can only be cancelled or refunded in accordance with the Cancellation and Refund Policy.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be misplaces, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct error, inaccuracies, or omission at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your order.

Payments

Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (for example, PayPal or Stripe).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company 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 such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 0 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the gravest extent permitted by law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

Disputes Resolution

In the event of any dispute, claim, question, or disagreement arising out of or relating to the Meeting or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement informally by first emailing Us at information@beyondthemusicclassroom.com with a description of your claim. To this effect, they shall consult and negotiate with each other in good faith and attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences, except as provided herein, shall be settled by arbitration administered in Slippery Rock, PA by the American Arbitration Association in the English language in accordance with the provisions of its Commercial Arbitration Rules. The parties waive their rights to a court trial and/or trial by jury. The ruling of the arbitor shall be final. The parties agree that any claims submitted to arbitration will be submitted in the party's individual capacity, and not as a plaintiff or class member (e.g. class action lawsuit) in any purported class or representative proceeding. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Notwithstanding this agreement to arbitrate, the parties agree that claims for only injunctive relief may be brought exclusively in either the United Staes District Court for the Western District of Pennsylvania or the Commonwealth court in Pittsburgh, Pennsylvania. This agreement to arbitrate shall survive any termination or expiration of the Contract.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Indemnity

You agree to indemnify and hold the Company and its employees harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) made against the Company by any third party due to or arising out of or in connection with your use of the Website.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://www.beyondthemusicclassroom.com/contact.php