Thank you for visiting a Simply Music LLC website, including simplymusic.com, simplymusicpiano.com, simplymusiconline.com, teachers.simplymusic.com, students.simplymusic.com, simplymusiceducators.com, simpedia.info or simplymusicaccordion.com. You arrived at this Terms & Conditions page from one of the above sites, referred to herein as “this Site”.
These terms and conditions are subject to change by Simply Music LLC (hereinafter “Company”) at any time and at our discretion without notice by updating this posting. These terms and conditions govern your use of this website. By accessing this website, you are acknowledging and accepting these terms and conditions.
Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this website.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us at: firstname.lastname@example.org.
2. USE LICENSE
Permission is granted to access one copy of the Materials (information or software) on this Site for personal, non-commercial transitory viewing only. This is the grant of a license from Company, not a transfer of title, and under this license you shall NOT:
- Modify or copy the Materials;
- Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Company’s Site;
- Remove any copyright or other proprietary notations from the Materials; or
- Transfer the Materials to another person or “mirror” the Materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
3. PRODUCT PRICING
The total price of program that you can purchase from Company depends on which option is selected during the purchase process. For some products, there may be an automatic recurring monthly withdrawal for each product selected, as will be clearly stated from the purchase page.
4. REFUND POLICY
If you are not satisfied with any of our programs for any reason, you can cancel your membership. However, NO refunds are available. If you are on a monthly membership program, we must receive your cancellation request at least 5 business days before your membership is scheduled to renew in order for the next month to be cancelled in time. If you cancel within a monthly membership period, NO refunds will be given for the remainder of the month that is left in your subscription.
5. MEMBERSHIP SITE / CONDUCT (WHEN APPLICABLE)
Upon purchase of certain programs from Company, you will be given a username and password to access the course materials and tools. You agree not to share your login information with other people who did not purchase the corresponding program. You will not sell access to this program or duplicate and sell any of it’s content without written permission.
The membership site is meant for informational purposes only. It is not intended as specific legal, commercial, financial, medical, parenting, tax or other professional advice. Use of the information on the membership site and this website are at your own risk.
Use of membership site content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
Company reserves the right to discontinue or modify without notice or liability, any portion of the respective membership site.
You affirm, represent, and warrant that your participation on any membership site forums and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate. Company further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
You understand and agree to not place an unreasonable burden on the server hosting this website or membership site, to not interfere with the running of this website and to not attempt unauthorized access to any portion of this website.
You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
You agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.
6. REVISIONS AND ERRATA
The materials appearing on this Site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on this Site are accurate, complete, or current. Company may make changes to the materials contained on this Site at any time without notice. Company does not, however, make any commitment to update the materials.
7. THIRD PARTY REFERENCES / HYPERLINKS
This Site may link you to other sites on the Internet, and in some cases, Company may receive an affiliate commission for making such referral. While Company makes reasonable efforts to only recommend high quality products and services of others, Company is not responsible for the actions of any third parties. These third party sites may contain information or material that some people may find inappropriate or offensive.
These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. Use of any such linked website is at your own risk. While Company is not liable for the actions of third parties, you are always free to let Company know if you have a bad experience with someone that was recommended by Company.
8. ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
9. CONTACTING US
If you need to contact us, you can reach us at:
PO Box: 160663 Sacramento, CA, 95816
Phone: + 1 916 646 0581
PO Box: 5026, Darling South, VIC, 3145
Phone: +61 3 9764 1555
10. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Company, you agree to defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
13. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Company with respect to this Site and supersedes all prior or contemporaneous communications between you and Company with respect to this Site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to binding arbitration in the State of California to resolve any disputes arising under this Terms and Conditions.