Terms & Conditions

 

 

OVERVIEW

 

Welcome to the American Academy of Music (“AAOM”)! The American Academy of Music is an online music community where music teachers can connect with and provide live interactive lessons for students using web cams over the internet, and students and their parents can search and identify teachers who provide lessons in numerous musical disciplines and instruments. Before using this service, please read our terms and conditions, as they govern your use of our service. These Terms & Conditions, our Privacy Policy, and our Frequently Asked Questions (FAQ) section are resources for you to get a better understanding of how our platform works; including the kinds of data we collect, the way we bill, how we interact with you, how you can interact with your students or instructors as well as the larger music instruction community and other useful information about our service. We encourage you to revisit these Terms & Conditions when you have a question about the service or want to know how something works. We may modify these Terms & Conditions from time to time as we deem appropriate, so you should check back in frequently to confirm the terms upon which you may use our service.

 

The terms “American Academy of Music,” “AAOM,” “aaomusiconline.com,” “we,” “us,” “our,” and similar terms refer to [American Academy of Music LLC d/b/a American Academy of Music or American Academy of Music Online]. The terms “you,” “your,” “user” and similar terms refer to you as a user and/or member of AAOM. Our users generally fall into two groups:

I. “Students”, including the parents of minors who are members of the AAOM, register as students and who can find Instructors, purchase lessons and attend lessons through the AAOM.

II. “Instructors” who are members of AAOM who register with us and provide adequate information, credentials, and are approved by us.

 

Unless otherwise specified, the Terms & Conditions apply to all users of the AAOM, whether browsing the AAOM website or acting as an Instructor or Student.

 

 

ACCEPTANCE OF TERMS & CONDITIONS

 

These Terms & Conditions (or “Terms”), which include our Privacy Policy, are a binding legal agreement and govern your use of the AAOM platform and services, including all features and functionalities, applications, updates, notifications, platform and our user interfaces, and all content and software associated therein with the American Academy of Music (“AAOM” or "Service"). By clicking on the “Register,” “Checkout,” “Purchase,” or “Pay Now” buttons during registration or by downloading, using, visiting, or browsing the AAOM, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Service.

 

We reserve the right to change these Terms, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms can be reviewed by visiting our website and clicking on "Terms & Conditions” located at the bottom of each page of the AAOM website. The most current version of the Terms & Conditions will supersede all previous versions. Use of the Service after we have posted any revision of these Terms & Conditions will be considered as your acceptance of the new Terms. If you do not agree to the changes in the Terms, you may terminate your use of the Service and this agreement as set forth below.

By registering for or using the Service, you warrant that you are of legal age and competent to enter into a binding contract. Please note that Students aged 13 and under may not register as members of the AAOM; if you are not over the age of 13, your parent(s) or guardian(s) must register as members of the site in order to purchase lessons over the Service. In order to keep minors from using and registering for lessons without parental permission, we require accurate credit card information and payment. If you are a parent registering for the Service for the benefit of your child, you agree that you shall be responsible for compliance with these Terms by your child and will be liable for any damages or liabilities as if you were the Student.

Instructors must be at least 18 years of age in order to offer lessons through the Service.

 

 

ELECTRONIC COMMUNICATIONS

 

When you visit AAOM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

 

STUDENT USE AND RESPONSIBILITY OF SERVICES

 

Purchase of Lessons

After a Student has identified an Instructor the applicable Lesson Plan, Day, and Time will be selected by the Student prior to payment. A Student, or their parent or guardian, will purchase a Lesson Plan prior to instruction. As a policy of AAOM, we require that a parent or guardian be present during the first four Lessons with an Instructor for any student 13 years of age or younger. Subsequently, it is at the discretion of both the parent/guardian and Instructor whether or not the parent or guardian be present for Lessons thereafter. See Plans/Pricing on our “Registration” page and the website for more information on payment. See also the section Cancellation of Lessons.

 

Assessments

The platform that AAOM uses to conduct lessons includes functionality to assess a Student’s and Instructor’s performance during the interactive video enabled Lesson. You agree that such assessments and reports shall be used solely in connection with the Lessons and assessment and improvement of the Student’s or Instructor’s performance and shall not be distributed, posted, copied or transmitted other than through and in connection with the Service and affiliated software and companies used to conduct and record a Lesson.

We may offer Students the opportunity to rate Instructors and these ratings will be posted on the Instructor’s public profile. We may also from time to time request that Students evaluate and assess Instructors. The results of any such evaluations may be shared with the Instructor. As an Instructor, you agree that we may post such ratings on your profile, even if negative, and that we may conduct such evaluations in our discretion

 

User Obligations

Other than with respect to the provision of Lessons by an Instructor, your use of the Service shall be solely for your own personal, noncommercial and entertainment use. You must comply with all applicable laws in connection with your use of the Service. You will not attempt to get around or violate any security feature of the Service, including accessing any Student information or profiles for which you do not have permission, other content or information not intended for you, or to contact any Student without prior permission.

You agree that you will not:

(i) use the Service in any manner to interfere with or attempt to interfere with the normal operations of the Service or any user’s use of the Service, including by overloading, flooding, spamming or crashing the Service or its underlying systems;

(ii) post, distribute or use any content including Instructor Content, or engage in any speech or activity that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit or exploitative, harassing, bullying, threatening, stalking, profane, indecent of otherwise objectionable;

(iii) use the Service in any manner that may give rise to any civil liability of American Academy of Music

(iv) use the Service to advertise or solicit funds for goods or services (other than Instructor Lessons offered through the Service;

(v) violate any applicable law or encourage conduct that would constitute a criminal offense;

(vi) impersonate or falsely suggest or claim an affiliation with any other person or entity; or

(vii) provide any information that would help others abuse the site.

 

Software/Equipment Requirements

To use the Service you will need a broadband internet connection with a minimum download speed of 10 MBPS to facilitate the efficacy of our Services and Lessons. You must also possess the following equipment and services prior to registering with our services: computer, webcam and microphone (external or built-in), Gmail Account, Google Plus Profile, and the most current version of the Google Hangouts Plug-in to be used with the Google+ Hangouts On Air via a Google Plus Profile. The minimum requirements for use of the Service may also be found on the “Registration” page on our site at www.aaomusiconline.com. You are solely responsible for obtaining and maintaining the tools, equipment, aforementioned Google products, and internet service for use of the Service at your sole expense.

 

Students

You agree that you will use all Instructor Content only for your personal instruction and will not reproduce, distribute, modify, republish (such as on Youtube or other video-sharing site), resell or transmit any Instructor.

You agree to treat Instructors respectfully. There will be no profanity, offensive language, or rude behavior on AAOM or during any Lesson. You will follow the Instructor’s guidelines and be on time for Lessons. You will not disclose personal information other than as relevant to receiving Lessons. If any Instructor requests irrelevant personal information, or suggests a meeting or conversation that is not on AAOM’s service, immediately report the request to us at by clicking the “Contact” button on the bottom of each page of AAOM.

We do not require a background check for the instructors, but we do reserve the right to do so at any time we deem applicable. Instructors are expected to conduct themselves in a professional manner. However, there is a chance that an Instructor will not act appropriately and you could be exposed to content or Lessons that you find objectionable or offensive. If you encounter objectionable or offensive language, notify the Service immediately by clicking the “Contact” button on the bottom of any page on AAOM and we will review the lesson. You agree that under no circumstance will AAOM or any of its employees be liable for damages. Instead you are free to seek damages directly from the Instructor.

 

 

INSTRUCTOR SERVICES AND LIABILITIES

 

Services

As an Instructor, you have the option to submit your own information and photos for the profile that will be published on AAOM. These profiles are publicly viewable and used by unregistered visitors and registered Students to find you.

Your profile should include information about your qualifications, teaching methods, and any other relevant information AAOM requires. To protect your privacy, DO NOT include location, phone numbers, or any personal information. Photos should not include any identifiable or locatable information shown in the background of the image. All content will be reviewed prior to being displayed on the Site to ensure it complies with these Terms. You will be able to communicate, schedule, and conduct one-on-one lessons (“Lessons”) with students through the Google Hangouts On Air platform and leverage the Google Hangouts On Air platform to provide and enhance your teaching. You are also obligated to maintain an up-to-date weekly schedule with AAOM by submitting your schedule and updating the internal AAOM calendar shared between the Instructors and AAOM.

 

Rules and Regulations

I. use the Service in any manner to interfere with or attempt to interfere with the normal operations of the Service or any user’s use of the Service, including by overloading, flooding, spamming or crashing the Service or its underlying systems;

II. post, distribute or use any content, or engage in any speech or activity that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit or exploitative, harassing, bullying, threatening, stalking, profane, indecent of otherwise objectionable;

III. use the Service in any manner that may give rise to any civil liability of AAOM

IV. use the Service to advertise or solicit funds for goods or services (other than Instructor Music Lessons offered through the Service);

V. impersonate or falsely suggest or claim an affiliation with any other person or entity; or

VI. You agree that as an Instructor you will make every effort to meet your scheduled Lessons and commitments. In the event that you must reschedule or miss a Lesson, you must immediately contact AAOM and the Student.

VII. You must conduct yourself in a professional courteous manner at all times and you will not use offensive, obscene or indecent language in connection with your conduct of Lessons or use of the Service.

VIII. You shall have the right to set class policies and guidelines as you deem appropriate for your students as long as they adhere to the Site’s Terms & Conditions and as outlined in the contract between the Instructor and AAOM.

IX. You shall not disclose any personal information to your Students, other than as necessary for the Lessons or to substantiate your musical and teaching experience.

X. You will not request personal information from a Student or request an offline meeting or conversation, whether an in-person meeting or online chat through another service.

XI. In the event that a Student requests such a meeting or provides personal information, you should report the incident to AAOM directly through the internal email or by clicking “Contact” at the bottom of any AAOM webpage.

XII. violate any applicable law or encourage conduct that would constitute a criminal offense.

XIII. You are solely responsible for your Lesson content including the music and other instructional materials used or provided in connection with the Lessons (“Instructor Content”). You represent and warrant that you own or have sufficient rights, permissions and licenses in and to the Instructor Content so that you may use, post, perform, display, transmit or reproduce such Instructor Content for use on the Service and to grant us the license herein. You hereby grant to AAOM a perpetual, royalty-free, non-exclusive, worldwide right and license to use, reproduce, distribute, perform, display and transmit the Instructor Content as necessary for provision of the Service and as set forth in these Terms.

 

Authorization for Background Check

By registering as an Instructor, you authorize AAOM to conduct a limited background check on you and that the results of such background check may be used by us to determine whether you may offer classes and services through the Service and register as an Instructor.

I. You further release us and our third party service providers who may provide information to us in performance of this background check from any and all liability or damages arising out of or in connection with this background check. If required, you agree to sign any other consent form as may be required in connection with this background check.

II. You understand and agree that if you do not provide, or you withdraw, your consent to this background check, we may refuse to permit you to register as an Instructor on the Service or suspend your use of the Service.

III. You agree that we may perform additional such background checks from time to time for so long as you are registered as a member or use the Service. You understand that we will obtain such background search from our third party service provider and we are not responsible for the truth, accuracy or completeness of such search.

IV. You represent that all information provided by you truthful, accurate and complete so that we may obtain such background check.

V. You further understand and agree that the report is not intended to be a “consumer report” for the purposes of the Fair Credit Reporting Act and that we are not acting as your employer and therefore our use of the background check results will not be used as a factor in determining eligibility for employment.

 

Fees and Payments

As an Instructor, by registering with AAOM and signing a contract with AAOM you agree to the fees that the Students pay, as well as the amount to be paid to you for each Lesson. Rates and fees will be publicly displayed in connection with the registration, checkout, and payment process pertaining to your profile.

I. All lesson fees must be paid through the AAOM platform using the online payment gateway service Ecwid and Bank of America. Instructors may be paid through a PayPal, by check, or an ACH bank transfer.

II. You understand and agree that AAOM will pay you on the contractual agreed basis for all lessons conducted through the Service less the applicable AAOM commission as set forth on the contract between the Instructor and AAOM.

III. You further understand and agree that Students may terminate their Lessons at any time by notice to you and AAOM through the Service. In the event of such cancellation, the Instructor will be entitled to a percentage of the monies as it applies to the remaining scheduled Lessons and the Lesson Plan that the Student purchased detailed and agreed upon in contract between the Instructor and AAOM. IV. You acknowledge and agree that AAOM may, in certain circumstances, offer refunds to Students in an instance determined by and through the sole discretion of AAOM where you (the “Instructor”) have failed to comply with the regulations set forth in the Terms & Conditions provided, however, that you will still be paid your Lesson fee less the AAOM commission for such Lessons that have already been provided given that those lessons were in full compliance with the Terms & Conditions.

V. You (the “Instructor”) acknowledge and agree that you will not be entitled to any payment or monies for Lessons given that do not comply with or violate these Terms & Conditions, and therefore, you forfeit any and all entitlement to further monies and payment pertaining to the purchased Lesson Plan. 

VI. You shall be solely responsible for reporting all income earned by you through the Service and the payment of the appropriate federal, state and/or local taxes. If any sales tax is required by your state or local jurisdiction, you will be solely responsible for collecting and remitting any such taxes.

 

Relationship with American Academy of Music

You agree that you are not an employee or agent of or for AAOM. You do not have the authority to bind and you shall not bind AAOM, aside from the agreed and dually signed contract, to other contractual or other liability or obligation. You agree that you will use the Service exclusively for Lessons for Students identified or who identify and contact you through the Service, including payment confirmation through the Service. You will not attempt to circumnavigate the Service and conduct Lessons or accept or receive any payment for classes or lessons from Students other than through the Service.

 

 

PRICING

 

There is no fee for registration on the AAOM Service. However, we reserve the right to establish such fees at any time. In the event that we establish membership fees, you may be required to pay such fees in order to purchase or conduct future Lessons or otherwise use the Service.

Instructors have the right to set their schedules for Lessons with Students in their sole discretion, and are required to do so within five days after the confirmation of a purchased Lesson Plan by the Student, provided that the schedule is communicated and shared directly with AAOM. Lessons may only be purchased in blocks (“Lesson Plans”) as described on the Service. Students are responsible for payment of the Lesson blocks in advance. Payments shall be accepted only through the online payment gateway service Ecwid and credit card processing through Bank of America.

If you purchase Lessons through the Service, you hereby authorize us to debit your account or charge your credit card for all charges. You agree that all information you provide with respect to payment will be accurate and complete and that you will keep all such information current.

We reserve the right to modify, terminate or otherwise amend our accepted payment methods. You remain responsible for any uncollected amounts. In the event that any amounts are unpaid by you, including as a result of rejection of payment by Ecwid, Bank of America, or your credit card, we reserve the right to cancel or suspend your Lessons and further use of the Service by you. You agree to be responsible for and reimburse us for any legal or other fees we may incur in collecting overdue amounts from you.

 

 

CANCELLATION OF LESSONS

 

By selecting and paying for a “Lesson Plan” on AAOM you agree to pay the full amount due at checkout and you accept that under no circumstances will you be entitled to or granted a refund for the Lesson Plan you purchased.  If you fail to attend any or all purchased Lessons you will not be entitled to refund of any amounts paid for such Lessons or the rescheduling of said lessons. The Instructor has the right to initiate a rescheduling of a lesson or provide a make-up lesson to the student due to the Instructor’s professional commitments and obligations that arise during the course of a Lesson Plan. The Student, however, does not have the right to demand, request, or ask for a make-up Lesson despite any unforeseen circumstances. We advise that the student checks that all software and equipment needed to receive a Lesson is in working order as listed in the “Software/Equipment Requirements” section of these Terms & Conditions. If an Instructor fails to conduct a Lesson at a scheduled time and does not reschedule the Lesson we will refund the amount of the missed Lesson to you provided that you notify us within ten (10) days of the missed Lesson. If any Student or Instructor misses or is not timely for multiple Lessons, we reserve the right to terminate such Student’s or Instructor’s use of the Service.

 

 

PRIVACY

 

Your privacy is very important to us. Any personally identifying information submitted through the Service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy located on the bottom of each page at www.aaomusiconline.com by clicking on “Privacy Policy” to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. We may use your personal information as described in the Privacy Policy. Additionally, we may send you notifications about new Service features, special offers, promotional announcements and customer surveys via email, notifications within the Service, text message or other methods. By using the Service, you consent to receiving electronic communications from us regarding the Service. These communications may include notices about your account (e.g., change in password or activity), confirmation e-mails and other transactional information), introductions or confirmations of introduction and information concerning or related to our Service. You acknowledge these communications are a necessary part of the Service and you agree to receive them as part of the AAOM Service.

 

 

MONITORING OF CONTENT, REPORTS OF ABUSE

 

We reserve the right, but shall be in no obligation, to monitor any Instructor Content, Lessons, chat, email, and other information and communications posted through or on the Service and through or on our affiliation with Google+, Youtube, Google Hangouts, and Google Hangouts on Air. We reserve the right to remove, suspend or limit access to any content that we believe does not meet these Terms & Conditions or which we otherwise determine is harmful, objectionable, illegal, offensive or violates our rights or the rights of any person or which may threaten the safety or property of our service or others.

The Service includes functions whereby a Student, Instructor or other third party may report abuse or objectionable behavior, including during a Lesson. In such event, we reserve the right to immediately terminate use of the Service, including any Lessons in progress, without notice.

We report any abuse or sexually explicit or exploitative conduct or other criminal offenses to the appropriate law enforcement, social services or other government or local agencies as required by applicable law or as we otherwise deem appropriate.

 

 

INTELLECTUAL PROPERTY

 

Ownership

The Service, including all content, graphics, audio, video, pictures, trademarks, service marks, logos and other material on the Service, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of AAOM, subject to copyright and other intellectual property protections through third-party software required for use of the Service.

We grant you and you accept a non-exclusive, non-transferable, revocable license to use the AAOM solely for your personal use of the Service and in accordance with these Terms & Conditions.

Intellectual property laws under both United States and International laws protect the materials and the unauthorized use of these materials may violate these laws. You must retain all proprietary notices contained in the original materials on any copy you make of the materials. You may not sell or modify the materials or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. The use of the materials on any other Website or in a networked computer environment for any purpose is prohibited. Nothing on this Website or any of our websites shall be construed as conferring any license under any of our or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. We prohibit the use of our trademark(s), or any related graphic(s), as a "hot link" to any Website unless approved by us.

 

Restrictions

Other than the provision of Lessons by Instructors, you may not use any information provided on or through the Service for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or contacts you may obtain through use of the Service. You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Service. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Service for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Service and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software.

 

Instructor Content, Recordings

Instructors retain limited ownership of all Content created by the Instructor by their contractual agreement with us. All users understand and agree that we will record and may monitor any Lessons conducted through the Service (including chat and video streaming) for quality control, safety and other purposes. We own all rights in and to such recordings, subject to the Instructor’s rights in and to the Instructor Content; provided, however that we reserve the right to retain and store copies of all such recordings indefinitely and to review such recordings for any purpose. If required or deemed appropriate, we may provide access to or copies of such recordings to law enforcement, social services or other government agencies. Users may not copy, republish (including on Youtube or other video-sharing sites), repost, distribute, sell, license or perform any recordings without our permission.

 

 

MAINTENANCE OF THE SERVICE

 

We reserve the right to issue corrections or modifications or upgraded versions of the Service and Software at any time at our discretion. From time to time and with or without notice, the Service may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance and to schedule upgrades or downtime when Lessons are not scheduled.

 

 

TERMINATION

 

We may at any time cease to continue operating part or all or selectively disable certain aspects of the Service. In the event that we disable or cease providing the Service, other than due to a breach by you of these Terms & Conditions, our sole obligation to you shall be to (i) if you are a Student, refund to you any amounts paid for future Lessons or (ii) if you are an Instructor, pay you for all Lessons conducted through the Service prior to such termination. We have no obligation to provide upgrades, updates, support or maintenance for the Service; provided, however, that we reserve the right to make such upgrades and the Service may be unavailable from time to time for support and maintenance purposes. We may also establish additional rules, limits or policies regarding the Service and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the service. For example, we may establish limits on the number of Lessons that you may conduct through the Service or the number of aggregate Lessons by Instructors that can be scheduled on the Service at a specific time. We may terminate your use of the Service for any reason at our sole discretion and with or without prior notice to you.

 

 

WARRANTY DISCLAIMER

 

THE SERVICE AND SOFTWARE IS PROVIDED ON AN "AS IS" WHERE IS" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, SOFTWARE, ITS CONTENT OR ANY LESSONS OFFERED OR CONDUCTED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS. AAOM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE SERVICE, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICE OR THAT THE SERVICE WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. YOU AGREE THAT YOU ARE NOT RELYING ON, NOR HAVE WE MADE, ANY ORAL REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE INSTRUCTORS, LESSONS OR ANY CONTENT ACCESSED OR PROVIDED THROUGH THE SERVICE. WE MAKE NO REPRESENTATIONS THAT ANY INSTRUCTOR WILL ACQUIRE ANY STUDENTS THROUGH THE SERVICE. ALL USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH YOUR LESSONS OR THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF AVAILABLE, AS SET FORTH IN THESE TERMS & CONDITIONS.

You expressly acknowledge and agree that AAOM is providing only a service to assist you in identifying students or instructors and a platform through which lessons may be conducted. We do not qualify or assess the skills or competencies of any Instructors, and Students are solely responsible for determining whether an Instructor meets their own needs. We have no obligation to monitor use of the Service by any user. The presence on the Service of, or use of the Service by, any person or entity does not, and shall not be deemed to, constitute a sponsorship, endorsement or guarantee of such person or entity. You are solely responsible for your use of the Service.

We expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any user arising from any communications, introductions, classes, business relationship or transactions between you or any user. In the event you have a dispute with a user regarding any introductions, communications, lesson, relationship or transaction, including any services provided by an Instructor or failure of any Student to participate in any lessons or any assessment, negative feedback or comments made by any Student about an Instructor or any Instructor about any Student, you hereby release AAOM from any and all liability, claims, demand and damages associated with such user or such transaction.

We do not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses and other harmful goods. If your use of the Website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

The Website may contain inaccuracies or typographical errors. We will make a good faith effort to update the Website but we do not have a duty to update the Website. Your use of the Website is at your own risk. Changes can be made to the Website at any time.

 

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH YOUR MEMBERSHIP IN AND/OR USE OF THE AAOM SERVICE, INCLUDING ANY LESSONS OR FAILURE OF ANY LESSONS TO BE CONDUCTED, EXCEED THE LESSER OF (I) $100 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR THE APPLICABLE LESSON OR SERVICE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.

Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.

 

 

INDEMNIFICATION

 

You hereby agree to indemnify, defend and hold American Academy of Music and its affiliates and each of their owners, directors, officers, employees, independent contractors, subcontractors, agents and representative ("Indemnified Parties") harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms & Conditions and/or (ii) your use of the Service, including any lessons which you may conduct or attend.

 

 

THIRD PARTY WEBSITES AND SOFTWARE

 

We have provided links to certain third party websites and software as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our Website. We expressly disclaim any responsibility for the content of any third party sites linked to our Website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our Website.

We may make certain products and services from our partners available through the Service, either directly or through a link, including without limitation, as a Google Affiliate. You agree that any purchase from such partners shall be a separate transaction between you and our partner. You further acknowledge and agree that we may receive a commission or other payment for your purchase.

 

 

EMAIL DISCLAIMER

 

All electronic emails sent and received by American Academy of Music (aaomusiconline.com) are subject to review by American Academy of Music. American Academy of Music may retain and reproduce electronic messages for national, state, federal, or other regulatory agencies as required by applicable law. Any email message sent by aaomusiconline.com is private, confidential property of the sender, and the materials may be privileged communications. Any email is intended solely for the receipt, use, benefit, and information of the intended recipient indicated above and it may not be reproduced, retransmitted, circulated or exploited without the express written consent of American Academy of Music. If you are not the intended recipient, you are hereby notified that any review, disclosure, distribution, copying or taking of any other action in reference to the contents of this message is strictly prohibited and may result in legal liability on your part. Confidentiality is not waived by mistaken transmission. If you have received an email from aaomusiconline.com in error, please notify the sender immediately and delete this message from your system. Internet communications are not secure and therefore American Academy of Music and its affiliates do not accept legal responsibility for the contents of this message. We believe that any emails sent from aaomusiconline.com and any attachments are free of any virus or other defect that might affect any computer system in which it is received or opened; however, it is the responsibility of the recipient to ensure that emails by aaomusiconline.com and any of its attachments are virus-free, and the sender accepts no responsibility for any loss or damage. Outgoing and incoming emails and their attachments may be monitored to ensure compliance with law, regulations or internal policies. This communication is not intended for distribution to, or use by, any person or entity in any location where such distribution or use would be contrary to law or regulation, or which would subject American Academy of Music or any affiliate to any registration requirement within such location. Each user of the information in this email from any location does so on their own initiative and at their own risk and is responsible for compliance with all applicable local laws.

 

 

MISCELLANEOUS PROVISIONS

 

Suggestions and Feedback

You understand and agree that any ideas or suggestions for improvements to the service, including without limitation, enhancements, new functionality, or concepts, shall be owned by American Academy of Music. We shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.

 

Assignment

You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.

 

Choice of Law and Jurisdiction

These Terms & Conditions and use of Services shall be governed by and construed in accordance with the laws of the State of Washington without regard to any conflict of law provisions thereof. Any action related to these Terms & Conditions and use of Services shall be brought only in the state courts of and federal courts in the State of Washington and all parties waive any objection to the personal jurisdiction of and venue in such courts.

 

Entire Agreement

These Terms & Conditions together with the Privacy Policy and any other legal notices or policies published by us through the Service, constitute the entire agreement between you and American Academy of Music concerning your use of the service. No AAOM employee or agent has the authority to vary any of these Terms & Conditions and use of Services or the AAOM policies. Any failure by us to insist on or enforce strict performance of these policies shall not be construed as a waiver of any provision or any right it has to enforce these policies, nor shall any course of conduct between American Academy of Music and you or any other party be deemed to modify any provision of these policies. Any modification of these Terms & Conditions must be in a writing executed by a duly authorized officer of American Academy of Music. If any provisions of these Terms & Conditions or our policies are held to be void or unenforceable by an arbitrator, court or other tribunal of competent jurisdiction, such provision or policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the provision. Any invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions or the policies and such other provisions shall remain in full force and effect.

 

Notices

You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Attorneys Fees

We shall be entitled to our reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with the enforcement of these Terms of Use against you.

 

 

HOW TO CONTACT US

 

You can contact us by visiting our website www.aaomusiconline.com and clicking on the “Contact Us” link at the bottom of each of our web pages.

 

 

 

  • These Terms & Conditions were last modified on April 30th, 2016.