Terms of Use

Terms and Conditions

Last updated: May 11, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.themusicalwebb.com website (the “Service”) operated by The Musical Webb (“us”, “we”, or “our”).

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

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

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Musical Webb.

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

You acknowledge and agree that The Musical Webb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

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

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

Indemnification

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

Limitation Of Liability

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

Disclaimer

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

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

Exclusions

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

Governing Law

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

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

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Refunds

A 30-day refund policy applies for any Service with either a one-time fee or an installment plan, with the 30-day refund policy applying to the first installment of the payment plan. The Musical Webb's 30-day refund policy states that either the one-time payment or the first installment of the Service is refundable within 30 days of purchasing the Service. If you are unsatisfied with the Service and would like to receive a refund, contact The Musical Webb's Customer Service department via email, the "contact" page, or by phone no later than 27 days after purchase, and request your refund. We will process the refund within 48-72 hours of your initial request.

Accounts

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

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

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

Intellectual Property

All Intellectual Property Rights in the Course Materials, Online Courses and the tutorials made by instructor(s) at The Musical Webb are, and remain, the intellectual property of The Musical Webb or its licensors, whether adapted, written for or customized for the Client or not.

You are not authorized to:

- Copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

- Record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given;

- Use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

- Remove any copyright or other notice of The Musical Webb on the Course Materials;

- Modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

- Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Taught Course.

Subscriptions (The Online Piano Training Program and other Subscription Services)

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly or annual basis, depending on the billing cycle you choose at time of subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or The Musical Webb cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting The Musical Webb's customer support team.

Upon enrollment of the Subscription program, you will have instant and continued access to the material under the Subscription plan until the Subscription is cancelled. Once the Subscription is cancelled and payment is discontinued, access to the material under the Subscription program will be discontinued at the end of the final paid billing cycle. In order to regain access to the material, you will have to re-enroll in the Subscription program.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide The Musical Webb with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize The Musical Webb to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, The Musical Webb will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

The Musical Webb may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by The Musical Webb until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, The Musical Webb reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

The Musical Webb, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Musical Webb will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds for Subscription Programs

Except when required by law, paid Subscription fees are non-refundable.

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

The Musical Webb

P.O. Box 464, Cherry Hill, NJ 08003

Phone: (888) 734-2399

Email: [email protected]

Contact/Support Page: https://www.themusicalwebb.com/p/contact