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Terms and Conditions ("Terms")

Last updated: June 14, 2015

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.Musicschoolonline.com website (the "Service") operated by Audio School Online, inc. ("us", "we", or "our").

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

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, 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 card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

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

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms   Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Audio School Online, inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States 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 Audio School Online, inc..

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Audio School Online, inc..

Audio School Online, inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Audio School Online, inc. 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 use of or reliance on any such content, goods or services available on or through any such third party 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.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Audio School Online, inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Audio School Online, inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Audio School Online, inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

 
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MusicSchoolOnline.com User Information and Privacy Policy

Music School Online (MSO) will not sell your information to a 3rd Party. Period. Sincerely, Ken Lewis - Founder.

The terms and conditions below explain the use and protection of the information that you provide in connection with your use and view of MusicSchoolOnline.com (hereafter the "Website," "us," "we," or "our"), including, Internet protocol addresses, the domain that you use to access the Website, the version and type of browser or operating system you use, the web page you came from or visit next, your email address, user name, general geographic location (country), average time spent on the Website, any text contained in emails and/or information entered while viewing the Website, messages, posts, name provided, PayPal accounts, other merchant accounts. In addition, we collect time stamps, amount of time videos are streamed and the time taken to download lesson resource files. The foregoing shall be collectively referred to hereafter as the "User Information."

By using the Website, you expressly and voluntarily agree to the following terms and conditions:

1. Collection of User Information. You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside our servers, as well as, merchant and newsletter vendors. for purposes of viewing the Website, and collecting, charting and tracking User Information to generate reports related to Website content. We reserve the right to use your User Information for purposes of gathering information and performing statistical analyses of Website user preferences and characteristics.

2. Use of User Information. You agree that we may use your User Information for studies, charts, analyses, features, editorials, and reports based on the information that you enter into the Website. You further authorize and give us permission to post or track any emails that you send to us or messages, pictures, videos or other content that you post on the Website if in our sole discretion we deem it necessary, and/or it is necessary to respond to your emails and/or posted messages, pictures, videos or other content.

3. Disclosure of User Information. You agree that we may disclose your User Information to enforce our policies, protect anyone's rights, property or safety, and respond to legal requests. Notwithstanding anything to the contrary, we will not sell your User Information to any third parties.

4. Safeguards and Security. We do not keep Credit Card information on our servers.  We use Authorize.net and / or  Stripe and Paypal to handle all credit card transactions. In the event that your information collected by a third party is breached, you release us, the Website, and any of its owners, related entities, employees, officers, directors, agents, members, partners, successors, and licensees from any and all liability associated with third parties illegally accessing or misappropriating your User Information. We ask that you help protect your User Information by never giving out your personal information unless you deem it necessary or you voluntarily wish to do so, logging off of your computer and/or closing your Internet browser or clearing your cache when you finish visiting the Website or other web pages. In addition, we recommend that you use one of the latest anti-virus software solutions and utilize the most recent version of software updated.

5. Links to Other Sites and Advertisements. The Website may contain links to other web pages and services. While we try to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by other companies or websites.

6. Intellectual Property. You acknowledge and agree that the Website, its images and content, and any software used in connection with the Website (collectively "Intellectual Property") contain proprietary and confidential information that is protected legally. Except as we otherwise expressly authorize in or by a separate agreement, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Intellectual Property, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the Intellectual Property on a single computer; provided that you or third-parties do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Intellectual Property. You agree not to access the Intellectual Property by any means other than provided through the Website. The name Ken Lewis, MasterMix, Inc., the domain www.musicschoolonline.com, and all music, videos and other content that is presented by or featured on the Website are our exclusive intellectual property. You agree not to reproduce or use such property without our express authorization.

7. Disclaimer of Warranties. YOUR USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE REFRAIN FROM MAKING ANY WARRANTY THAT (i) THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOWNLOADS, OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE, THE INFORMATION PROVIDED ON IT OR ITS OPERATIONS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.

8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND OUR APPLICABLE ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, AND LICENSORS, INCLUDING WITHOUT LIMITATION KEN LEWIS AND MASTERMIX, INC., SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, DOWNLOADED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

9. Minors. You agree that you have reached the age of majority in the state in which you live. If you have not reached that age, you hereby represent and warrant that you have the permission or authority of your parent or guardian to register your User Information with the Website.

10. Indemnity. You agree to indemnify and hold us, Ken Lewis, MasterMix, Inc., the Website, our owners, and our related entities, employees, officers, directors, agents, sharelholders, partners and affiliates harmless from any and all claims and demands (including reasonable attorneys' fees and court costs) made by any third party due to or arising from any questions, comments, letters, messages or requests that you submit, post, transmit or otherwise make available through the Website, breach of the representations and warranties above, use of the Website and the information provided on it, violation of the terms of this policy, and/or your violation of any rights of another.

11. Updates. We reserve the right to update these terms and conditions at our sole discretion without notice to you. If you do not agree to the terms and conditions above, you should not enter your User Information on the Website and/or "opt-out" of any registration or purchase opportunities related to the Website and/or its applicable Intellectual Property, Website content and/or merchandise.

12. Choice of Law and Forum. You agree that the laws of the State of New Jersey shall govern the terms and conditions hereof. You further agree that all differences or disputes related to these terms and conditions shall first be submitted to mediation. In the event litigation is necessary thereafter, the applicable state and federal courts of the State of New Jersey shall have full and exclusive jurisdiction over all disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.

© 2018 MusicSchoolOnline.com; a division of Audio School Online, Inc. All Rights Reserved.

 
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