Acceptance of Terms
1. RESTRICTIONS ON USE
Any materials posted on the Web site that you copy, print, or download are licensed to you by ArtOfGroove for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web site, use of the Web site, or access to the Web site. Further, you agree to not make any materials posted, streamed, downloaded or otherwise provided by the Web site available through online file sharing sites, YouTube, etc., without our express written consent. ArtOfGroove reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice. You agree that ArtOfGroove shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
INFORMATION SHARING WITH NONAFFILIATED THIRD PARTIES
You acknowledge and agree that the Web site and any necessary software used in connection with the Web site ("Software"), as well as all course materials and content provided by ArtOfGroove, ArtOfGroove instructors, and/or third parties for the ArtOfGroove coursework (the "Course Content") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Web site, Course Content, or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web site, the Course Content, or the Software, in whole or in part.
ArtOfGroove grants you a personal, non-transferable and non-exclusive right and license to use the object code version of the Software on your personal computer(s); provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web site, or any portion of the Web site. You agree not to access video streaming content from the Web site by any means other than through the interface that is provided by ArtOfGroove for this purpose.
You agree to indemnify and hold ArtOfGroove, and its employees, agents, affiliates, and co-branders, or other partners, and other users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you may submit, post, transmit or make available through the Web site, your use of the Web site, your connection to the Web site, your violation of the TOU, or your violation of any rights of any third party.
4. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, third parties (companies, jobs, gigs, music teachers and other users) found on or through the Web site, 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. You agree that ArtOfGroove shall not be 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 advertisers on the Web site.
The Web site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ArtOfGroove has no control over such sites and resources, you acknowledge and agree that ArtOfGroove is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ArtOfGroove 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 site or resource.
6. DISCLAIMER OF WARRANTIES
ARTOFGROOVE HAS TAKEN EXTRAORDINARY MEASURES AND EXERCISED MUCH DUE DILIGENCE TO HELP ENSURE THAT THE WEB SITE IS AN EFFECTIVE, SECURE AND RELIABLE EDUCATIONAL RESOURCE. IF YOU ARE EVER DISSATISFIED, PLEASE LET US KNOW AND WE WILL LIKELY GO OVERBOARD TO MAKE IT RIGHT FOR YOU.
THAT STATED, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTOFGROOVE EXPRESSLY DISCLAIMS 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.
• ARTOFGROOVE MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL LEAD TO EMPLOYMENT OR GIGS (iii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTOFGROOVE OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARTOFGROOVE SHALL NOT BE LIABLE 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 ARTOFGROOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ONLINE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ONLINE SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that ArtOfGroove, in its sole discretion and without prior notice to you, may terminate your subscription (or any part thereof) or use of the Web site, and remove and discard any Content within the Web site, for any reason, including, without limitation, for lack of use or if ArtOfGroove believes that you have violated or acted inconsistently with the letter or spirit of the TOU. ArtOfGroove may also in its sole discretion and at any time discontinue providing the Web site, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which ArtOfGroove may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate. Paragraphs 1, 5, 6, 7 and 8 shall survive termination of this Agreement.
9. GENERAL INFORMATION
The TOU agreement and any posted operating rules constitute the entire agreement between you and ArtOfGroove and govern your use of the Web site, superceding any prior agreements between you and ArtOfGroove with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign your rights under this Agreement to any third party. The TOU and the relationship between you and ArtOfGroove shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. You and ArtOfGroove agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Orange, CA, USA. The failure of ArtofGroove to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.