SMS Music Lessons Terms Of Use

PLEASE NOTE THAT OUR TERMS OF USE HAVE BEEN MODIFIED AS OF November 21, 2021.

These Terms of Use (“Terms”) govern your use of the SMS Music Lessons website, located at http://smslessons.com/, any mobile applications, and services (collectively, the “Service”) provided by SMS Music Lessons, LLC.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING DISCLAIMERS OF WARRANTIES, MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using the Service you agree to these Terms. If you do not agree to these Terms, please do not access or use the Service.

  1. GENERAL TERMS

SMS Music Lessons provides the Service to users seeking private music lesson services (“Students”) and to users seeking to provide private music lesson services (“Instructors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Instructors, or any person or entity who views, uses, accesses browses, or submits any content or material to the Service. These Terms are entered into by and between SMS Music Lessons and you, and you accept them by (a) contracting for lessons through the Service; (b) using the Service in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Service.

Instructors also must agree to be bound by our Instructor’s Agreement. If we provide Services in conjunction with educational institutions or staff subject to Family Educational Rights and Privacy Act of 1974, we also require such individuals and entities to be bound to the terms of our FERPA Notice.

  1. PRIVACY POLICY

We believe it is important to protect the privacy of our users, notify you as to how we use your data to provide the services on the Service to you, and inform you of your choice. Please refer to the SMS Music Lessons Privacy Policy at http://smslessons.com/privacypolicies for information on how SMS Music Lessons collects, uses, and discloses information about you. The Privacy Policy is incorporated into these Terms by reference.

  1. SERVICES

The Service offers a marketplace for those seeking private music lesson services to connect with those seeking to provide private music lesson services. As independent contractors hired by Students, Instructors control the methods, materials, and all aspects of the lessons.

Students are responsible for selecting the right Instructor for their needs. In making hiring decisions, Students should review and investigate each teacher's self-reported credentials, education, and experience. ALL LESSON SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

SMS Music Lessons, LLC controls and operates the Service from various locations, including the United States of America, and makes no representation that this website is appropriate or available for use in all locations. SMS Music Lessons, LLC services may not be available in your location, and available services may vary among locations. SMS Music Lessons, LLC does not guarantee delivery of all correspondence between SMS Music Lessons, LLC, teachers, and students.

  1. ACADEMIC HONESTY

You acknowledge and agree that SMS Music Lessons, LLC services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of, or to hire instructors to complete assignments, auditions, or otherwise do work on your behalf. Further, you agree not to use SMS Music Lessons services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.

  1. YOUR OBLIGATIONS AND CONDUCT

In consideration of your use of the Service, you agree: (a) that you are of legal age and have the capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving private music lesson services; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Service (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to SMS Music Lessons, LLC to keep it accurate, current and complete; (e) to not engage in inappropriate conduct, including, but not limited to, romantic behavior, sexual behavior, harassment, discrimination, violence, and any other conduct SMS Music Lessons, LLC deems inappropriate; and (f) to accept all risks of unauthorized access to information and Registration Data.

 

USE OF SERVICE BY MINORS UNDER SIXTEEN YEARS OF AGE

You are not permitted to use the Service or submit Content to the Service if you are under the age of 16 without the consent of a parent or guardian. Parental Consent to collect the personal information of any minor under sixteen must be provided upon registration by providing a valid credit card or other payment method accompanied with consent to share personal information with us and the Instructor you schedule your child’s lesson with. Without such consent, accounts will not be created and we reserve the right to refuse Service to anyone for any reason not prohibited by law. If you become aware of any child under 16 using our Service, please contact us at [email protected] and we will remove their information.

USER-GENERATED CONTENT

“Content” is any media (including, but not limited to: text, text formatting, images, audio, or video) that is created originated, edited, modified, uploaded, or shared by Users (including you) in any way and in any form using the Service, whether or not shared publicly, including, but not limited to bios, marketing information and Student feedback.

You are entirely responsible for all Content that you upload, post, link to, or otherwise transmit through your use of the Service. 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 SMS Music Lessons, or other users of the 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. SMS Music Lessons reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason, it deems necessary or appropriate.

Except as described in our Teacher Agreement, SMS Music Lessons LLC does not claim ownership of the Content that you place on the Service and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. SMS Music Lessons LLC shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant SMS Music Lessons LLC an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization to grant such license and for the worldwide transfer and processing among SMS Music Lessons LLC, its affiliates, and third-party providers of any information that you may provide on the Service.

USE OF FEEDBACK

Although we welcome you to e-mail us, you should not e-mail us anything that contains confidential or personal information other than your contact information. Our Privacy Policy provides information with regard to how we handle your personal information. With respect to all e-mails you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to, and you grant us a royalty-free, irrevocable worldwide license to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information.

ACCEPTABLE USE

You agree to use the Service in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the Service that SMS Music Lessons LLC, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:

- Defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of others;

 

- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials, or content;

 

- Use the Service for any purpose that is in violation of local, state, national, or international law, including, without limitation, wage/hour and working condition laws and regulations;

 

- Upload files that contain software or other material that violates the rights of any third party, including, without limitation, intellectual property rights or rights of privacy or publicity;

- Upload or introduce directly or through files, viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware, or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network or the Service;

 

- Take any action that would undermine or interfere with the use or operation of the Service or any aspect thereof; Use the Service to circumvent our services or contact our Users to create a Competing service;

 

- Attempt to gain unauthorized access to the Service, other User accounts, or other devices, computer systems, or networks connected to the Service;

 

- Advertise or offer to sell any goods or services for any commercial purpose on the Service that is not appropriate or relevant to the Service;

 

- Impersonate another person or allow any other person or entity to use your user name, password, or membership;

 

- Post the same content repeatedly or spam - spamming is strictly prohibited;

 

- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Service;

 

- Access, download, or copy any information, content, and/or materials from the Service through artificial means (including, without limitation, spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting, or other such means);

 

- Reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit create or encourage the creation of derivative works, modifications, or adaptations of the Service or any information, materials or content thereon;

 

- Decompile, reverse engineer, or disassemble the Service or any code contained therein; or Restrict or inhibit any other user from using and enjoying the Service.

ELIGIBILITY CONDITIONS

By using the Service, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Service: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including, without limitation, any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including, without limitation, sexual, child abuse or domestic violence offenses.

You hereby affirm we have the right to: monitor Service activity, determine whether any of your Content submissions are appropriate and comply with these Terms, remove any and/or all of your Content, and terminate your account with or without prior notice, provided however SMS Music Lessons does not, and cannot, pre-screen or monitor all User-Generated Content.

By using the Service, you understand and agree that SMS Music Lessons may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that SMS Music Lessons may revise the Eligibility Conditions from time to time and require new conditions and certifications and that the User will abide by such revised Eligibility Conditions or discontinue using the Service.

You hereby authorize SMS Music Lessons, LLC to verify the above representations and warranties by you and you acknowledge and agree that SMS Music Lessons shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting sex offender registry checks, motor vehicle records checks, identification verifications, credit checks, and/or use of available public records. You consent to any collection, use, or disclosure in order to accomplish such verification. You further agree that SMS Music Lessons may take such action as it, in its sole discretion, deems appropriate, including, without limitation, suspending and/or terminating your use of the Service, should it determine that you have violated any representation or warranty.

The preceding paragraph notwithstanding, you understand and agree SMS Music Lessons does not, at this time, conduct full criminal background checks of any User. You also understand and agree SMS Music Lessons neither confirms nor denies the validity of the information provided by Users and that SMS Music Lessons does not verify that any or all of the Eligibility Conditions are met by Users.

USE OF SERVICE AND TEACHERS AT YOUR OWN RISK

You understand and agree to make your own decisions and assessments about persons to engage and that – IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.

SMS Music Lessons expressly disclaims, and you expressly release SMS Music Lessons from, any and all liability whatsoever for any controversies, claims, suits, injuries, and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.

SMS Music Lessons, LLC reserves all of its rights under the Communications Decency Act, including, without limitation, its right to remove anything objectionable to SMS Music Lessons in its sole discretion. Alleged improprieties by any User may be reported to SMS Music Lessons by email at [email protected]

  1. THIRD-PARTY REPORTS

SMS Music Lessons may utilize third-party consumer reporting agencies that perform, among other things, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). SMS Music Lessons does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. SMS Music Lessons does not independently verify information in the consumer reports.

You hereby consent to SMS Music Lessons collecting, using, and disclosing the information in the consumer reports. You understand and agree that SMS Music Lessons may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that SMS Music Lessons shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including, without limitation, any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness, or completeness of such information. SMS Music Lessons reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in SMS Music Lessons’s sole discretion.

  1. THIRD-PARTY VERIFICATION SERVICES

SMS Music Lessons may, but is not required to, make available one or more third-party verification services that enable Users of the Service to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third-party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that SMS Music Lessons shall not be held responsible or liable in any way if any information provided by a third-party verification service is inaccurate. When a third-party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681. See http:// www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details.

  1. CONFIDENTIALITY OF SMS MUSIC LESSONS INFORMATION

You may obtain direct access via the Service to certain confidential information of SMS Music Lessons, its affiliates, users (both students and Instructors), including, without limitation, technical, contractual, product, program, pricing, marketing, contact information, attendance, usage data and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All rights, titles, and interests in the Confidential Information remains with SMS Music Lessons and its affiliates.

The Terms impose no obligation upon you with respect to information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from SMS Music Lessons, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without any obligation to keep such information confidential; (d) you independently developed without the use of confidential information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms, is disclosed after prior notice to SMS Music Lessons adequate to afford SMS Music Lessons the opportunity to object to the disclosure.

  1. TERMS OF TRANSACTING BUSINESS

You understand and agree to abide by SMS Music Lessons's payment policies and scheduling policies. Such policies can be found here and may be subject to change at any time with or without notice.

You agree to pay the fees set forth at the time you register and/or purchase services. You authorize us and our payment providers to charge such fees as a condition to access and use such services. Fees are not- refundable. In addition to the hourly rates charged by Instructors, you may be charged cancellation fees.

  1. RENEWALS

Unless you notify us at least 24 hours prior to the next lesson or billing period, your fees will automatically renew and you authorize us to collect the then-applicable fee for such services (including, any upgrade you may request, as well as any taxes) using any credit card or other payment mechanism we have on record for

you. Cancellations will take effect at the end of the billing period in which you request account closure. We cannot refund fees from subscriptions that were not canceled at least 24 hours prior to the billing date.

  1. ADVERTISEMENTS AND PROMOTIONS

SMS Music Lessons may run advertisements and promotions from third parties on the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers other than SMS Music Lessons found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. SMS Music Lessons is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-SMS Music Lessons advertisers on the Service.

  1. TEXT MESSAGE NOTIFICATION

Instructors may opt-in to receive text message notifications for new student bookings and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.

How to sign up and other information

To sign up to receive text message notifications, you will need to provide your mobile phone number during registration. Please contact [email protected] to sign up. Please also review the SMS Music Lessons Privacy Policy.

How to cancel

If you need to cancel text message notifications, email [email protected]

Pricing

Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.

 

Supported carriers

We are able to deliver text message notifications to the following mobile phone carriers:

AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, NTelos, Cricket, & Virgin Mobile.

 

Questions

For help or more information, email [email protected]

  1. CONTENT PROVIDED VIA LINKS

You may find links to other websites or resources on the Service. You acknowledge and agree that SMS Music Lessons is not responsible for the availability of such external sites or resources, we make no representations as to the accuracy or content of such third-party websites and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

  1. OUR INTELLECTUAL PROPERTY RIGHTS

 

LIMITED LICENSE AND RESTRICTIONS

SMS Music Lessons grants you permission (which may be revoked at any time for any reason or no reason) to use the Service for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive, or cache. Except as specifically authorized by SMS Music Lessons, you may not deep-link to the Service for any purpose or access the Service manually or with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy, or monitor any portion of the Service or any information, content, or material on the Service. SMS Music Lessons reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Service or any content contained therein, whether in whole or in part, without prior written consent from SMS Music Lessons. You may like or follow SMS Music Lessons or share links to the Service via social networking technology referenced on the Service.

Any rights not expressly granted herein are reserved.

“SMS Music Lessons Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations SMS Music Lessons uses in connection with its products and services. You may not remove or alter any SMS Music Lessons Trademarks, or co-brand your own products or material with SMS Music Lessons Trademarks, without SMS Music Lessons's prior written consent. You acknowledge SMS Music Lessons's rights in SMS Music Lessons Trademarks and agree that any use of SMS Music Lessons Trademarks by you shall inure to SMS Music Lessons's sole benefit. You agree not to incorporate any SMS Music Lessons Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or internet-related products, services, or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by SMS Music Lessons on this Service provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms. Upon termination, you must immediately destroy any downloaded and/or printed Content.

  1. COPYRIGHT INFRINGEMENT

SMS Music Lessons respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with SMS Music Lessons and the Service, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. SMS Music Lessons reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.

We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that 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 content or material hosted on the Service infringes your copyright, you (or your agent) may send SMS Music Lessons. a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SMS Music Lessons to locate the content or material within the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; (f) 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; and (g) the date of notification.

If you believe that your Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth below: (w) your physical or electronic signature; (x) A description ofthe content that has been removed and the location at which the content appeared before it was removed; (y) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (z) your name, address, telephone number, and email address, together with a statement that you consent to the jurisdiction of the federal court in the State of Georgia and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in our discretion) be reinstated on the Service in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http:// www.loc.gov/copyright for details. SMS Music Lessons's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: [email protected]

By mail:

2460 Peachtree Rd NW

#813

Atlanta, GA 30305

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

  1. TERMINATION AND SUSPENSION

SMS Music Lessons reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Service after termination or during suspension.

  1. DISCLAIMER OF WARRANTIES

USE OF THE SERVICE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND“WITH ALL FAULTS'' BASIS. SMS MUSIC LESSONS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. SMS MUSIC LESSONS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICE. SMS MUSIC LESSONS MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM INSTRUCTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

  1. LIMITATION OF LIABILITY

NO LIABILITY FOR ACTS OF USERS (INCLUDING INSTRUCTORS)

THE SERVICE OFFERS A MARKETPLACE FOR THOSE SEEKING PRIVATE MUSIC LESSON SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE PRIVATE MUSIC LESSON SERVICES. YOU UNDERSTAND AND AGREE THAT SMS MUSIC LESSONS HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SERVICE AND THAT SMS MUSIC LESSONS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER OR ANY THIRD PARTY CONTENT POSTED TO THE SERVICE OR SERVICES BY USERS. YOU UNDERSTAND AND AGREE THAT SMS MUSIC LESSONS IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SERVICE, OF ANY USER, INCLUDING INSTRUCTORS. AS SUCH, SMS MUSIC LESSONS EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES SMS MUSIC LESSONS FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SERVICE.

USERS OF THE SERVICE TRANSACT BETWEEN THEMSELVES. SMS MUSIC LESSONS WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. SMS MUSIC LESSONS IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.

NO LIABILITY FOR ACCESS TO INTERNET OR SERVICE/SERVICE FEATURES

SMS Music Lessons recognizes that the traffic of data through the Internet may cause delays during the download of information from the Service and accordingly; you agree that you shall not deem SMS Music Lessons liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service will not be available on a continual twenty-four (24) hour basis due to such delays, or delays caused by our upgrading, modification, or standard maintenance of the Service, the features of which may be changed or deleted at any time with or without notice.

LIMITATION ON DAMAGES

TO THE FULL EXTENT PERMITTED BY LAW, SMS MUSIC LESSONS 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 SERVICE, EVEN IF SMS MUSIC LESSONS HAS 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 SERVICE; (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 SERVICE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, 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 USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

CAP ON LIABILITY

IN NO EVENT SHALL SMS MUSIC LESSONS ‘ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO SMS MUSIC LESSONS OR A SMS MUSIC LESSONS PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND SMS MUSIC LESSONS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND SMS MUSIC LESSONS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

EXCLUSIVE REMEDY

IF YOU ARE DISSATISFIED WITH THE SERVICE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 17.

  1. ASSUMPTION OF RISK

You agree and understand that you assume all risks when using the Service, including, without limitation, any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other users. ANY INAPPROPRIATE CONDUCT, INCLUDING ROMANTIC OR SEXUAL BEHAVIOR MUST BE IMMEDIATELY REPORTED TO [email protected], AND NO FURTHER CONTACT SHOULD BE MADE BETWEEN USERS. FAILURE TO REPORT INAPPROPRIATE CONDUCT WILL RESULT IN IMMEDIATE REMOVAL FROM SMS'S PLATFORM.

  1. INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless SMS Music Lessons and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney's fees and court costs, incurred by SMS Music Lessons in any way related to your (a) acts and/or omissions on or off the Service; (b) violation of any rights of another, including, without limitation, any alleged infringement of intellectual property or other right of any person or entity relating to the Service; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Service, including, without limitation, any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including, without limitation, with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including, without limitation, such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing and scheduling services; (m) use of phone support services; (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site and/or (o) any Content you provide to the Service. You further agree that you will cooperate as requested by SMS Music Lessons in the defense of such claims. SMS Music Lessons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of SMS Music Lessons without the written consent of SMS Music Lessons.

  1. ARBITRATION

Any controversy, claim, suit, injury, or damage arising from or in any way related to the Service, its use, its User (e.g., Instructor, Student) conduct, or the Terms shall be settled exclusively, to the extent permitted by law, by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) then in effect, which can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800- 778-7879. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of the arbitration provision will be controlled unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.

SMS Music Lessons and you will attempt to agree on a single arbitrator. If an agreement is not possible, each party will select its own arbitrator. Each party’s arbitrator will, in turn, confer and select a single arbitrator. The arbitrator will base the decision on the evidence presented and in accordance with these Terms and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties.

The arbitration shall be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and the judgment of the arbitration award may be entered by any court having jurisdiction thereof.

Each party will pay its own attorneys’ fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SMS Music Lessons will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.

To commence an arbitration against SMS Music Lessons, you must complete a short form, submit it to the AAA, and send a copy to SMS Music Lessons, LLC at Attn: 2460 Peachtree Rd, #813 Atlanta, Georgia. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss, or damage arising from or in any way related to the use, inability to use or provision of these Terms shall be any Delaware Court, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding. You and SMS Music Lessons agree that any dispute is personal to you and SMS Music Lessons and that any such controversy, claim, suit, injury, harm, loss or damage shall be brought on an individual basis, and shall not be consolidated with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms unenforceable.

THE PRECEDING SECTION SHALL NOT PRECLUDE EITHER PARTY FROM SEEKING EQUITABLE RELIEF WITH RESPECT TO ANY CONFIDENTIALITY OR NON-CIRCUMVENTION PROVISIONS.

NO CLASS ACTION CLAIMS OR JURY TRIALS

YOU AND SMS MUSIC LESSONS AGREE THAT EACH OF US MAY BRING CLAIMS, SUIT, INJURY, HARM, LOSS OR DAMAGE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SMS MUSIC LESSONS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SMS MUSIC LESSONS USERS. TO THE EXTENT ANY PROCEEDING TAKES PLACE OUTSIDE OF ARBITRATION, YOU ALSO AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

  1. INJUNCTION

You agree that any material breach of the Terms will result in irreparable harm to SMS Music Lessons for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, you agree that SMS Music Lessons will be entitled to equitable relief, including both a preliminary and permanent injunction if such a breach occurs. You waive any requirement for the posting of a bond or other security if SMS Music Lessons seeks such an injunction.

  1. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

SMS Music Lessons may provide notice to Users via email, regular mail, or posting notices or links to notices on the Service. SMS Music Lessons reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. SMS Music Lessons may also delete, or bar access to or use of, all related information and files. SMS Music Lessons will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. SMS Music Lessons may amend these Terms at any time by posting the amended terms on this Service.

  1.  GOVERNING LAW

These Terms shall be governed by and construed in accordance with the substantive laws of the State of Georgia, without regard to choice of law provisions.

  1.  CALIFORNIA TERMS

CALIFORNIA RELEASE

For California residents, with respect to your use of the Service, and to the maximum extent permitted by law, you hereby release SMS Music Lessons and its officers, employees, agents, and directors from any and all claims, demands, liabilities, losses, and damages of every kind and nature arising out of or in any way connected with any disputes. In addition, you expressly waive the provisions of California Civil Code §1542, which says:

"A general release does not extend to claims which the releasor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the release."

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users of SMS Music Lessons Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.26. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and SMS Music Lessons relating to their subject matter, and cancel and supersede any prior versions of the Terms.

  1. ASSIGNMENT LIMITATIONS AND PROHIBITIONS

To the extent permitted by law, SMS Music Lessons may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use SMS Music Lessons or third-party products or services. Any unpermitted assignment is void, and any other assignment shall inure to the benefit of SMS Music Lessons and its successors, assigns, licensees and sublicensees. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

  1. REFUNDS AND CANCELLATIONS

Lessons are intended to occur as scheduled. Lessons can be rescheduled or cancelled with Appropriate Notice. "Appropriate Notice" is at least 24 hours prior to the scheduled Lesson time. In the case of rescheduling or cancelling a Lesson, the rescheduling party must reschedule or cancel through our scheduling platform or by contacting us at [email protected] as soon as reasonably possible and at least 24 hours before the Lesson is scheduled to occur.

Payments are nonrefundable. There are no refunds or credits, including for missed lessons, or subscriptions. Following any subscription cancellation, however, you will continue to have access to the credits that you have purchased. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If following the Student's first Lesson, the Student is dissatisfied with that Lesson, the Student should contact [email protected] within twenty-four (24) hours of the Lesson, and we will work with the Student to reschedule the Lesson, find a different Instructor, and/or refund the Lesson price. This does not apply in any case where the Student has already taken at least one lesson, misses a Lesson, or is late to a Lesson.

If a Student is more than ten minutes late to or does not attend a Lesson, and the Student has not rescheduled the Lesson, the Student will not receive any Refund for the Lesson.

We do not provide refunds for technical failures, power outages, or unreliable internet connections beyond our control. If a Instructor is unable to provide a Lesson due to a Student’s (i) inadequate hardware or bandwidth or (ii) inappropriate conduct, SMS Music Lessons generally will not provide a Refund to Student. And if a Student feels that a Instructor’s conduct renders the Lesson impossible, the Student should inform SMS Music Lessons within twenty-four (24) hours. All such situations, and any discussions concerning Refunds stemming therefrom, will be handled on a case-by-case basis.

  1. QUESTIONS?

If you have any questions, feel free to contact us at [email protected] and by mail:

2460 Peachtree Rd NW

#813

Atlanta, GA 30305