The Materials. carolmatzpiano.com allows subscribers to use online-activity content, download and print PDF files, and download and use PDF and MP3 files on a personal computer and/or personal mobile device (such as a tablet or mobile phone). In order to access the Materials, you must be a registered user. These Terms apply to use of the Materials whether you purchased access to the Website or obtained free or promotional access to the Website.
License Terms. The Website and Materials are the property of Carol Matz and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.
Subject to these Terms, we grant you a single user license. All Materials and printed books purchased from the Website are licensed for use by one person only (single user). You are allowed to purchase Materials and printed books for use by a single student or other end user for whom the Materials were purchased. The Materials and printed books may not be resold, reproduced or distributed in any form, unless explicitly authorized. All inquiries should be emailed to email@example.com.
ANY REPRODUCTION, INCLUDING BUT NOT LIMITED TO PHOTOCOPYING OR ELECTRONIC DISTRIBUTION OF THE PRINTED BOOKS AND/OR MATERIALS, IS NOT ALLOWED EXCEPT AS PUT FORTH IN THIS AGREEMENT. WE MAY TERMINATE ACCESS AND LICENSE FOR PURCHASED MATERIALS “FOR CAUSE” IF, IN OUR SOLE DISCRETION, WE DETERMINE THAT YOU HAVE BREACHED YOUR OBLIGATIONS UNDER THIS AGREEMENT.
Purchases and Returns. Materials and printed books purchased from the Website may not be returned. However, digital Materials may be replaced at our discretion, upon reasonable request, in the event of purchaser’s loss of data or equipment failure.
Content & Access. You retain full ownership to your information. In order to provide the Materials, we need the rights to make technical decisions on how to provide and administer the Materials. This includes, but is not limited to, how to store a secure backup so you can access and store your work and use other custom features. We do not control or actively monitor your content.
Restrictions on Use of the Website and Materials. In using the Website and Materials you shall not copy or upload, post, email, transmit or otherwise make available any material that is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” or any other form of solicitation. In using the Website and Materials you shall not copy or upload, post, email, transmit or otherwise make available any material that 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy or any material that could damage or harm minors in any way. In using the Website and Materials you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization. In using the Website and Materials, you shall not interfere with or disrupt the Website or Materials or probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures. In using the Website and Materials you may not engage in the mass downloading of files from the Website or flood the Website with electronic traffic designed to slow or stop its operation. In using the Website and Materials you shall not intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation, collect or store personal information about other users, access, tamper with, or use non-public areas of Website, license, sell, or otherwise commercially exploit the Materials, access or search the Materials by any means other than our publicly supported interfaces (for example, “scraping”).
General Conduct & Limited License. You may access the Materials solely for personal, non-commercial use. You agree that any personal printed or electronic copy of the Materials (including PDF files) shall retain all copyright, trademark and any other notice in the same form and manner as any such notice appears on the Materials or on the Website. You may not otherwise reproduce, modify, distribute, transmit, post, or publish the Materials without our prior, written consent. (Inquiries email firstname.lastname@example.org) You understand and agree that any permitted use of the Materials and the Website is at your own discretion and risk. You will be solely responsible for any damage to your network, software or computer system, and for any loss of data that could result from the use of the Website or the Materials.
All Materials on the Website, unless otherwise noted, is and shall remain our sole property. Any content you view, copy, print, download or use from the Website shall be solely for your personal, non-commercial use. Materials on this Website may not be modified in any way and may not be used, copied or distributed without prior consent. You agree and understand that you may not use the content in any way that is misleading; that falsely suggests the existence of a business relationship between you and us; that is derogatory, disparaging, or which displays our products, employees, affiliates or representatives in a negative light.
Intellectual Property. The Website and the Materials contain our intellectual property that is protected by United States and International Law. Nothing contained herein shall be construed as granting any license, patent, trademark, servicemark, copyright or other intellectual property right to you. The following are our trademarks, servicemarks, or registered trademarks: Carol Matz’s Interactive Piano Method ®, Carol Matz Piano®, and carolmatzpiano.com Additionally, any trademarks, trade names, service marks, logos, domain names, and URLs provided in the Materials or displayed on the Website are our property or that of third parties, and no right to use such marks is granted to you by your use of this Website. Other company names, brand names, trademarks and logos are the property of their respective owners. The Website and the Materials are our copyrighted property. You may not download, copy, or use the Website or Materials except as specified in these Terms.
Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
Termination. We may, under certain circumstances terminate your ability to access the Materials or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Materials, or (d) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these Terms). You acknowledge and agree that we may make all terminations in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access.
Availability & Changes. We may alter, suspend, or discontinue service at any time and for any reason but will endeavor to provide advance notice of any such outages. The Materials may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and Materials on the Website without notice. We reserve the right, at any time, to modify, suspend, or discontinue the Website or Materials or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Materials or any part thereof.
We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our Terms page, so please check those pages regularly. By continuing to access or use the Materials after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Materials.
Security. We attempt to use a secure connection when transmitting information including your identity and password. However, we cannot and do not make any representation or warranty concerning security of the communication to or from the Website. Do not attempt to connect to the Website using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any third party applications. You are responsible for safeguarding the password that you use to access the Website and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your personal data, it cannot, and does not, guarantee its absolute security.
Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause. All controversies, disputes, demands, counts, claims, or causes of action between you and Carol Matz, arising out of, under, or related in any way to this Agreement or our privacy practices, shall exclusively be settled through binding arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or another arbitral forum as mutually agreed upon by the parties. As modified by this Agreement, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
Both parties must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by both parties, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR CAROL MATZ MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Carol Matz will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) Carol Matz also reserves the right in sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Carol Matz shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses.
With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Carol Matz shall be entitled to arbitration. In the event a court holds this arbitration provision unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Carol Matz shall be exclusively brought in the state or federal courts specified in subsection “(d)” above. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Indemnity. You agree to indemnify and hold Carol Matz (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website or Materials, (b) your user contact data, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations (including any privacy laws.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Materials. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Carol Matz will not be liable for any delay or non-performance of its obligations under this Agreement due to any cause beyond its control. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Carol Matz’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. There are no third party beneficiaries of this Agreement.
Copyright/Trademark Information. Copyright © 2016, Carol Matz / All Rights Reserved. All trademarks, logos and servicemarks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.