TERMS AND CONDITIONS OF USE 1) THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES FOR LESSON2MUSIC LLC & COMPANIES.
3: WEBSITE USAGE Membership in the our services are void where prohibited. Any access to or use of our services by anyone under the age of majority (18) without a consenting Parental / Legal Guardian Agreement, is prohibited and requires consent to this agreement by a parent or legal guardian. By accessing or using the website and/or service(s), you represent and warrant to us that you are either a legal adult or, if under the age of majority (18), have obtained proper consent from a parent or legal guardian to your use of the website, service(s) and this agreement. If you access the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. By using this site you confirm you are 18 or older, and that if we believe you impersonated someone, or posted their information, you will authorize release of your personal information to the victim, and agree to pay all actual damages to the victim.
Our 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. However, our 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 our 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 our companies’ sole discretion. Our companies do not control or endorse the content, messages or information found on this Website and, therefore, Lesson2Music specifically disclaims any liability with regard to the website and the web services on our company’s website and any actions resulting from your participation with our website, the services and any web services. Content uploaded to our website may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if You download any content.
4) LESSON2MUSIC WEBSITE SERVICES:
We are an online global music instruction platform for music students to locate and obtain lessons from music instructors who are independent contractors. We offer various products and services to support music instruction for Students. Lesson2Music also provides services for music Instructors which includes: marketing, advertising; promotion; scheduling, billing and communication tools. Music Instructors are listed on our website where prospective students can review Teacher’s profiles; music and background information; videos; can communicate with Instructors; schedule and pay for music lessons all through the convenience of our website along with other related music services that we offer currently and will offer in the future. For potential and current music students, we provide an online music instruction platform to assist them in finding suitable independent music instructors; scheduling lessons and accessing other music related services. Users may be able to review music Instructor listings as an unregistered visitor to the website; however, if you wish to schedule a lesson as a student or create a listing as a music instructor, to use hosted tools or access certain areas of the website, you must first use our easy sign up form to become a registered Member of the Lesson2Music website. All information provided will remain strictly confidential. See the “Sign Up” navigation button on the Home Page of our website for more information.
5) LESSON2MUSIC MEMBERSHIP FOR STUDENTS You may use our Lesson2Music website at no direct cost. As a website user, you may have the ability to participate in some, but not all, of the features and services available within the Website. In order to access additional features and services, including the ability to schedule/ manage lessons, you must become a register/sign up as a student on the Website. To register/sign up, you agree to provide accurate, current and complete information during the registration/sign up process and to update such information to keep it accurate, current and complete throughout your use of the Service. A Member may not have more than one active Lesson2Music Account. We reserve the right to suspend or terminate your Account and your access to the website for any reason. As a student member, you will have the ability to schedule and pay for lessons, manage your lesson schedule, communicate with music Instructors and our staff;, access help documents and use any other website services provided to student members. As a student member you must continually comply with this Agreement and the Student Policies set forth in our policy listings. Additional terms and conditions of service may be contained within your Student Member account.
6) MEMBERSHIP FOR MUSIC INSTRUCTORS: With your Instructor membership, you will have access to your Teacher Profile Pages which will enable you to advertise yourself to potential music students viewing this information in your Profiles. We manage your scheduling; billing and communication and other online tools provided by us. Acceptance for listings on our website is at our sole discretion and we may remove listings from the website at any time for any reason. Any listing you post (i) must not breach any agreements you have entered into with anyone, including this Agreement; and (ii) must contain accurate, current and complete information. If you are accepted and your listing is presented/advertised on the website, you must continually comply with this Agreement and the music instructor policies set forth in our policy section. All music instructor members who accept a lesson through the our service must honor all terms and conditions set forth in this Agreement and any of our additional Instructor Policies that are in effect at the time of providing lessons. Additional terms and conditions of service may be contained within your Instructor Member account.
7) LESSON PRICING FOR MUSIC INSTRUCTORS Fees for lessons are agreed to at the time of payment for the amount of lessons and quantity of lessons purchased, (ex: “music block lessons” etc). Lesson2Music does not place limits on the Lesson Fees you charge. Lesson fees vary by Instructor and lesson type and are subject to change at any time. Teachers are obligated to honor the lesson fees for the student that are established at the time of payment. See additional Instructor Policies. Additional pricing terms and conditions may be contained within Member and Instructor accounts.
8) WEBSITE CONDUCT GUIDELINES FOR STUDENTS & TEACHERS:
While using the Website you agree not to: Restrict or inhibit any other visitor or Member from using the service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the website; Using the Service for any unlawful purpose; express or implying that any statements you make are endorsed by us, without our 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 that infringes on our 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 Lesson2Music LLC); 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, sub-license, translate, sell, reverse engineer, 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 our Website(s) without our prior written authorization; to use any robot, spider, site 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 our website visitors or Members without their express consent; Create more than one profile without our express written consent; Permit anyone else whose account or subscription was terminated, or who is not a Member, to use the website through your subscription, user name or password; Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or engage in any negative communications related to sexual conduct, nudity, or which expresses profanity.
9) Account Security You are responsible for maintaining the confidentiality of your user name and password. You shall not disclose, in any manner or means, your password to any unauthorized third party and will take sole responsibility for any activities or actions under your account with Lesson2Music whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your user name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should particularly cautious when accessing your account from any public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your account in Lesson2Music.
10) Your Interactions with Other Members and Our Limitation of Liability: YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT NOT ALL MUSIC INSTRUCTORS ON THE WEBSITE HAVE BACKGROUND CHECKS. MUSIC INSTRUCTORS THAT DO, WILL HAVE NOTE ON THEIR ‘TEACHER PROFILE PAGE’ ATTESTING TO A COMPLETED BACKGROUND CHECK. WE DO NOT ASK FOR ANY BACKGROUND CHECKS ON STUDENT MEMBERS. THE EXTENT OF OUR BACKGROUND CHECK IS LIMITED BY THE QUALITY AND SCOPE OF SERVICE PROVIDED BY OUR THIRD PARTY INVESTIGATIVE SERVICE (E-VERIFY), AND THE LIMITATIONS OF COMPUTER ACCESSIBLE PUBLIC RECORDS. NOT ALL JURISDICTIONS OR CRIMES ARE EVALUATED AS PART OF THE CRIMINAL BACKGROUND CHECK. WE DO MAKE EVERY ATTEMPT WITHIN OUR CAPABILITIES TO VERIFY THE QUALIFICATIONS AND / OR STATEMENTS OF OUR TEACHER MEMBERS ALTHOUGH AS SUCH, WE DO ALSO HAVE OUR LIMITATIONS ABOUT CLAIMS FOR CREDENTIALS POSTED BUY TEACHERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. NO MEMBER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER MEMBER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, US, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
11) CONTENT POSTED ON THIS WEBSITE / PROPRIETARY RIGHTS This website contains the copyrighted material, trademarks, and other proprietary information of Lesson2Music LLC, and its representatives. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any and all information or content made available through the our services or on our Website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. As a Lesson2Music Member, you may be able to post content on the Website and / or Blog, including uploading videos, photos and providing reviews.. You are solely responsible for the content that you publish or post on this website or service, or transmit or display to other Members. You will not post on the Website or Service, or transmit or display to other Members, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting content to any public area of this website, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, members managers 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 sub licenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
12) MUSIC INSTRUCTORS AND LESSONS The music instructors listed here on our 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. Lesson2Music companies do not observe or supervise Instructors at any time. Our company only provides “Suggested Guidelines” for both the music instructors and for students. Our companies do not provide directives, instructions, or control of any kind to Instructors. 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. Instructors are solely responsible and liable for the truthfulness and accuracy of the content posted on their teacher profiles which appear on our companies’ website. Instructors are not authorized to make any representation, contract, binding agreement or commitment on behalf of the our companies. Instructors, together with any employees and other workers of an Instructor, are NOT employees of our companies. Again, they are independent contractors and / or independent businesses. The final determination regarding time and location of Music Lessons shall be by agreement between You and the Music Instructor. You are responsible for selecting the correct Instructor for your needs. In making your selection, You should review and investigate each Instructor’s self-reported credentials and experience while viewing their Teacher Profile Pages on the Lesson2Music website, as well as researching online reviews and testimonials from other Customers and reviewers if available.
If you are not satisfied with your choice of an Instructor, it is your responsibility to request a different Instructor. Although Lesson2Music can help you with your request by guiding you to the Teachers that teach what you’re looking for but cannot ‘single out’ one specific teacher as this would be a conflict of interests. You are not under any obligation to continue with the Instructor of your choice..all interactions between an Instructor and a minor should be monitored and supervised by a responsible adult over the age of 18.
Music Lessons canceled within a 24 hour time frame of a scheduled Music Lesson count as a regular Music Lesson and will be charged. *(See our "Cancellation Terms and Policy). No-shows to a scheduled Music Lesson will also count as a regular Music Lesson and will be charged. Please if at all possible, call and speak to your Instructor first, then contact/email Lesson2Music after contacting your teacher to cancel a Music Lesson as your instructor needs to know immediately. Please see our *Cancellation Policy for any notations; alternatives and updates that may be in place concerning your canceled lesson(s). Additionally, check beforehand with your instructors cancellation procedure so you’ll know in advance. You may change Instructors at any time for any reason subject to Instructor availability. You may stop music lessons at any time, subject to our companies’*Cancellation Policy. Instructors may also cease providing music lessons to you at any time for any reason. If this occurs: Our company will make every effort to help guide you with attempts in locating another Instructor, subject to Instructor availability. Our company is not obligated nor required to find; locate and/or match you with an Instructor nor will you hold our company responsible or liable if it is unable to match You with an Instructor. Our company makes no guarantees, either express or implied, regarding your compatibility or satisfaction with an Instructor. Our company 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. Our company 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.
13) YOUR OBLIGATIONS AND CONDUCT Your Obligations and Conduct: In consideration of your use of the our website, You agree to: (a) provide accurate, current, and complete information about Yourself, ("Personal Student and/or Instructor Data") as may be inquired by any of the forms on our website; (b) maintain the security of your password and identification; (c) maintain and promptly update your Personal Data and any information that you provide to our company, 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 18 unless you’re given permission through a Parent or Legal Guardian or unless a Parent or Legal Guardian uses the website on your behalf with their express permission. If You are under the age of 13, You are not allowed to use our 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 our website. 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 our company or other users of our 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. Our company reserves the right to edit or remove content that violates these Terms or that contains third-party commercial advertisements.
14) Code of Conduct: RESTRICTIONS ON YOUR USE OF OUR COMPANIES’ WEBSITE While using Companies’ Website You agree not to: Access, or attempt to access, areas or features of our 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 our website, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of our website; using our website for any unlawful purpose; express or imply that any statements you make are endorsed by our companies, without our 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 our 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 horses, or other harmful or disruptive component; modify, adapt, sub-license, translate, sell, reverse engineer, disassemble any portion of our website; remove any copyright, trademark, or other proprietary rights notices contained in our website; "frame" or "mirror" any part of our website without our 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 our 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 company paid or trial subscriber, to use our website through your subscription, user name or password; engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes without the prior written permission from our companies; solicit any Instructor to work with or for another company as either an employee or an independent contractor.
15) RESTRICTIONS Situations in which 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.
17) BILLING AND PAYMENTS You understand that our company requires you to pay for your lessons in advance; (with the exception that if your Teacher offers a 30 minute free “Trial Lesson”) In this situation, you understand that after the first free 30 minute “Trial Lesson” you are expected to pay for all future individual and/or “block” or “discount” type music lessons in advance through to our company to schedule a secured time spot with the music instructor of your choice. If you prefer, our company will automatically charge your credit/debit card at the beginning of each month, starting on the 1st of the month, for the amount of monthly music lessons that you agreed upon and expect to obtain for that period of time; in which case you understand our company then, reserves the right to bill you in advance of each month’s music lessons; Any payment issues concerning the music lessons received by you or the student , must be resolved directly between you and our company and must be communicated and resolved through means of direct phone and/or email contact; you also understand that we reserve the right to charge a $20 fee for any credit/debit card that we are unable to receive payments from.
18) LIMITATIONS ON USE You must be 18 years of age or older to personally utilize our company services and register for our music lessons. While individuals under the age of 18 may utilize our service, they may do so only with the involvement and express permission of a parent or legal guardian. Unless otherwise specified, the content on our website is for your personal and non-commercial use and our company grants you a limited license to access our 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. Our company does not promote, foster or condone any type of copying of copyrighted material or any other activity that is an infringement; any unauthorized use of our website or its contents will terminate the limited license granted by our company. NOTWITHSTANDING THE FOREGOING, OUR 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
19) RELEASE OF LIABILITY If you so request, our company will give assistance to helping you make your decision to choose an Instructor who will then contact you regarding your music lessons but cannot in all fairness, specifically direct you to any specific music instructor per say, as this would be a conflict of interest on our part as far as the instructors are concerned. In the event that you and an Instructor agree on the provision of the music lessons, such an agreement is solely between you and the Instructor; any issues concerning the music lessons received by you will be resolved between Lesson2Music and the Instructor. Lesson2Music reserves the right and will not be held responsible and we 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 our website and/or music lessons, online or in person; the Instructors or our company’s services.
By using our website or our services, You do hereby represent, understand, and expressly agree to hold our company harmless for any claim or controversy that may arise from any disputes between you, our companies, or any Instructors registered with our companies. By using our website, You do hereby agree to report any alleged improprieties of any users therein to Lesson2Music immediately by notifying our company of the same via electronic correspondence.
Lesson2Music makes no warranty or representations that: (a) our 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.
20) TERMINATION You or our company may terminate your Lesson2Music 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. If you terminate your account, advance payments you’ve already made for all music lessons not yet provided by an Instructor, up to the date of termination, will be payable and due to you according to our companies’ Payment and Cancellation Policy. To cancel regularly scheduled paid music lessons, please refer first to our Lesson Cancellation Policy-contact your Instructor directly then contact Lesson2Music either by phone or email also to let us know of your cancellation.
22) INFORMATION GIVEN BY USERS By posting of any content to any public or member area of our website, you automatically grant; represent and warrant that you have the right to grant to our 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 sub-licenses 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.
23) COPYRIGHT AND TRADEMARK NOTICE All content on our Lesson2Music 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 Lesson2Music LLC.
25) 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 our 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. Lesson2Music LLC suggests that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
26) COPYRIGHTS AND COPYRIGHT AGENT Lesson2Music LLC respects the rights of all copyright holders and in this regard, we 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 the Companies’ Copyright Agent with 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:
27) INDEPENDENT CONTACTORS You are advised that the music Instructors registered with our company and listed on this website are independent contractors and independent businesses and NOT employees of the our companies. We 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. We do try to the utmost in offering a diverse choice of music instructors for your convenience. You agree that under no circumstances will our companies be liable for any incidental, consequential, material, punitive, physical or any 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 inaction of any Instructor. You are advised that Lesson2Music LLC does 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.
28) 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. LESSON2MUSIC LLC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE AND DO NEITHER ADOPT NOR ENDORSE NOR IS LESSON2MUSIC RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN OUR COMPANY. UNDER NO CIRCUMSTANCES IS LESSON2MUSIC RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THIS WEBSITE OR TRANSMITTED TO MEMBERS.
29) DISCLAIMER OF WARRANTY NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY LESSON2MUSIC LLC 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 MUSIC RELATED PRODUCTS SOLD BY LESSON2MUSIC LLC OR LISTED BUSINESSES. WHILE LESSON2MUSIC LLC RESERVES THE RIGHT, BUT NOT HAVING THE OBLIGATION, TO MONITOR THE WEBSITE CONTENT POSTED IN THE PUBLIC AREAS OF OUR SERVICES, LESSON2MUSIC LLC SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR 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. Lesson2Music LLC disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchant-ability, 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.
FURTHERMORE, LESSON2MUSIC LLC DOES 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. OUR THAT OUR COMPANY (LESSON2MUSIC LLC), DISCLAIMS 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. WE 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.
30) DISCLAIMER OF WARRANTY LIMITATIONS
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LESSON2MUSIC LLC 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 LESSON2MUSIC LLC OR OUR COMPANIES’ SUBSIDIARIES AUTHORIZED REPRESENTATIVE(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR 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 OUR 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 LESSON2MUSIC LLC OR OUR COMPANY’S EMPLOYEES, MEMBERS OR AGENTS LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH OUR WEBSITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH OUR COMPANIES’ CONTENT, THE SERVICES OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL OUR COMPANIES, THEIR PARTNERS, DIRECTORS, OFFICERS, MEMBERS; EMPLOYEES AND AGENTS BE HELD 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.
31) NO LIABILITY FOR NON-COMPANIES’ ACTIONS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LESSON2MUSIC LLC AND COMPANIES, BE HELD 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.
32) LIMITATION OF LIABILITY
To the full extent permitted by law, Lesson2Music LLC is 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 these 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.
You consent to cooperate with any and all claims of Lesson2Music LLC 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 Lesson2Music LLC. Lesson2Music LLC will make reasonable efforts to make you aware of any claim, action, or proceeding. you may not settle any matter without written consent from Lesson2Music LLC. You agree to indemnify, defend, and hold Lesson2Music LLC; their officers; members and their 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 a music Instructor found through our companies’ services.
34) CHOICE OF LAW, JURISDICTION, AND VENUE
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.
37)MAINTENANCE OF SERVICE We reserve the right to issue corrections or modifications or upgraded versions of the Service and Software at any time at our discretion. From time to time and with or without notice, the Service may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance and to schedule upgrades or downtime when Lessons are not scheduled.
38) *CANCELLATION OF LESSONS
Cancellation policy Lesson2Music has a 24 hour lesson cancellation policy. If you inform the teacher at least 24 hours before the scheduled lesson, you won’t be charged for the lesson and will be eligible for a make-up. You will be charged for a lesson if you cancel in less than 24 hours/One Day. Holidays, bad weather, or illness Lessons won’t be charged if the teacher cannot get to the studio due to weather or if the teacher is ill. If the student is ill, the 24 hours cancellation policy applies. Lessons can be scheduled around holiday and vacation breaks. Speak with the teacher in advance to schedule lessons around vacations and holidays. Students arriving / showing up late: No lesson time will be made up if a student shows up late - unless the Teacher feels the cause of lateness was warranted as in an emergency situation, in which case there will be no extra fees requested by the Teacher will be the same original lesson price with no extra fees if they decide to spend extra time to let you make up that missed span of time.
Cancellations: Students are asked to give at least 24 hour notice to cancel a scheduled lesson; except in the case of illness or other last-minute conflict, in which case students are asked to call as so on as they know they will be missing their scheduled lesson time. If notice is provided, a make-up lesson will be scheduled at the earliest possible date (often the next day or the following weekend). All missed lessons must be made up within that month or forfeited. Missed lessons will no longer carry over into the next month. Special exceptions may be made for vacations, or if we are unable to find a mutually convenient date before month's end, etc. If the student does not show up for the make-up date, student will forfeit that lesson.
Snow Days: If school was canceled, then lessons may be canceled as well. Students who live near their Teacher and can make it there easily, may still be able to attend their lesson if they choose. In the case of a snowstorm, make-up days will likely be held the following week or as soon as possible. Call to confirm your lesson time or schedule another day/time.
*At the instructor’s discretion, the policy of 24hrs. Notice of cancellation may be waived in the case of sudden, unpredictable illness or accident if all other tuition and make-up lesson guidelines have been followed, the student has no other make-up lessons on the list, and an opening is available.
CANCELLATION OF LESSONS Federal holidays, weather cancellations and family vacations are allowed with advanced notice to your teacher. Consistency is key when it comes to gaining the true benefits of taking lessons. Our job is to ensure that all of our students have a chance to experience the powerful and lasting benefits of taking lessons in the first place. Taking lessons on a weekly basis is the best known path to optimal learning. *Skype and *FaceTime lessons are an alternative way to still take lessons, even when a child is not feeling 'up to par', but still feels ok to take an online lesson or when there are weather concerns. If you're on vacation for an extended amount of time, be sure to give your teacher and Lesson2Music adequate notice.
lf my teacher cancels, you won’t be charged for teacher cancellations, and we’ll do our best to ensure they don’t cancel unless absolutely necessary. We want to hear from you if your teacher is canceling scheduled lessons more than once every 2 months.
?Can I reschedule? We suggest that you notify Lesson2Music for any rescheduling of lessons and we’ll make sure your instructor does his/her best to accommodate your request. The same goes with any 'summer breaks'. Communication here is key. Please let Lesson2music know well in advance of your plans to take time off during the summer or any other times.
Canceling / Rescheduling / Discontinuance of Lessons: Students may request to reschedule a lesson. We ask that students give at least 48 hours notice. Simply click on the Lesson Request form to request a schedule change and send to us immediately. Your lesson will be rescheduled according to your Teacher’s availability. Teachers are expected to make up lessons postponed 48 hours in advance within 30 days. In the rare event that a mutually convenient time can not be agreed upon within the 30-day time period, the lesson will then be rescheduled according to Teacher’s availability or if this is not feasible /possible, the student can request to be issued a refund.
Please remember that you are paying to reserve a scheduled time slot in your teacher’s schedule. Frequent cancellations not only interrupt your musical progress but can also wreak havoc for the teachers’ busy timetables. Teachers are not required to make up lessons rescheduled less than 24 hours in advance. However, some teachers will, at their sole discretion, allow later cancellations under certain circumstances. Please notify Lesson2Music of your absence as soon as you can at:
1-800-386-6045 toll free
c) Extended Absences If you need to take an extended break, just let us know at least 48 hours before your next lesson. We will either put your lessons on hold until you return, or issue a refund for any all uncompleted lessons.*(Either with single or block music lesson times not yet used.) Please note that your teacher may not be able to reserve your specific lesson time if you are away for an extended period.
Requesting a Refund : If you have taken your first PAID lesson with a teacher and for reason will not be able to continue, you may request a refund. To request a refund, you must do so with a minimum 48 hours before your second scheduled lesson and you will be refunded for the totality of your FIRST PAID lesson ONLY.
Withdrawing If you decide to discontinue your lessons, let us know at least 48 hours before your next lesson. We’ll be sad to see you go, but we’ll refund all uncompleted lessons.
39) TO CONTACT US :
If You have any questions regarding these Terms & Conditions, please contact us by email at:
Lesson2Music@gmail.com or call 855-386-6045 during normal business hours for live assistance. or if after hours, just leave a brief phone message and we will return your call promptly, thank you!