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Terms and Conditions Policy
 

This website is owned and operated by The Musical Tie, LLC (The Musical Tie, or “we” or “our”). These Terms set forth the Terms and Conditions under which you may use this website and the services offered. This website offers visitors educational material and consulting services to assist musicians and music organizations. No content on this site may be copied, transmitted, downloaded, reproduced, or displayed without the explicit permission of The Musical Tie.

By accessing or using this website or these services, you approve that you have read, understood, and agree to be bound by these Terms.

When scheduling and/or purchasing services, you, or a parent or legal guardian (as applicable), have full legal authority to schedule and/or purchase the services and agree to the Terms and Conditions, and agree that: (i) for 1:1 consulting services, prior to purchasing your first session or any future sessions, you have completed a one-time, free 20-minute consultation: (ii) you are responsible for reading the full description of a session before purchasing: (iii) when purchasing services, you enter into a legally binding contract upon completion of the check-out payment process, and: (iv) if you are under the age of 18 (or considered a minor in your place of residence), your parent or legal guardian hereby consents to utilize these services. You agree that payments are in advance of services. Payments for services are non-refundable if you cancel or choose to forgo the service subsequent to payment. This is due to time spent on preparing for your personalized, scheduled paid session. Sessions can be rescheduled if at least 24-hours of notice is provided. Please review our cancellation policy for more information. In the event of disputes regarding submitted payments, The Musical Tie retains the right to collect any legal costs incurred. Credit card information provided for your purchase (including billing name, billing address, and telephone numbers) will not be shared or sold to anyone outside of The Musical Tie. Payment information (such as credit card numbers and expiration dates) is handled solely by third-party financial institutions and is never collected or available to anyone at The Musical Tie.

Prices vary and are listed on the website. The Musical Tie reserves the right to change prices for products and services offered at any time.

Limitation of Liability and Disclaimer of Warranties. The Musical Tie hereby warrants and represents that The Musical Tie will provide the services requested according to the description of service in an efficient and professional manner. The services to be provided or performed are provided without warranty of any kind as to results. In no event shall The Musical Tie or any of its officers, directors, staff, or agents be liable to you or any third party if your expectations are not met or for incidental or consequential damages, even if The Musical Tie has been advised of the possibility of such damages.

With the delivery of services, all materials therein or transferred thereby, including, without limitation, software, images, textual documents, graphics, logos, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of The Musical Tie. Except as explicitly provided in writing, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.

The Musical Tie may permanently or temporarily discontinue or limit your access to unpaid services without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.

You agree to indemnify and hold The Musical Tie harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against it by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall The Musical Tie be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service. The Musical Tie makes no claims to provide the services that a financial advisor, attorney, medical doctor, or psychologist would provide. To the maximum extent permitted by applicable law, The Musical Tie assumes no liability for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, associated with use of our service; and (iii) unauthorized access to our website and any or all personal information that may be stored therein. This website is hosted by Wix.com, Inc., and The Musical Tie assumes no responsibility for and makes no warranties about the privacy practices of its host and/or any third-party entities they use. Users of this website also agree to the privacy practices of Wix.com, Inc.

The Musical Tie website periodically features music professionals for the sole purpose of promoting artists, highlighting their contributions, and recognizing their talents within the music industry. Content submitted by featured artists for marketing shall be limited to photographs, graphic images, written content, biographical information, and website links. These featured artists, by submission of their photographs, graphic images, written content, biographical information, and website links (whether copyrighted or not), herein known as Artist Submissions, grant permission to The Musical Tie to feature, use and disseminate the Artist Submissions on The Musical Tie website, its business Facebook, business Instagram, and other business social media platforms or marketing materials or platforms. By submission of the Artist Submissions, featured artists confirm that publishing this content does not conflict with any contractual agreements they may have with any third parties, and shall indemnify and hold harmless The Musical Tie from any, and all, such claims. The Musical Tie features artists as a free service and does not charge any fees to promote or highlight these music professionals. In no event shall The Musical Tie be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from such promotion of featured artists.

The Musical Tie website also periodically lists other businesses for the sole purpose of providing informative resources to the music community at large. Content for marketing other businesses shall be limited to graphic images and/or website links from those businesses listed on The Musical Tie website. These listed businesses, by written agreement of, and by submission of their graphic images (whether copyrighted or trademarked or not), and/or website links, herein known as Listed Business, grant permission to The Musical Tie to list that business on The Musical Tie website. By agreement of the Listed Business, that business, and/or business owner/owners, confirm that publishing this content does not conflict with any contractual agreements they may have with any third parties, and shall indemnify and hold harmless The Musical Tie from any, and all, such claims. In no event shall The Musical Tie be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from such promotion of any Listed Business.

 

 

The Musical Tie reserves the right to modify these Terms from time-to-time at its discretion. Therefore, you should review these pages periodically. When changes occur to the Terms in a material manner, we will post notice on our website, TheMusicalTie.com, to inform you that material changes have been made to the Terms. Your continued use of the website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access, or continue to access the website or the service.

 

These terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Virginia, U.S.A., without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Virginia, U.S.A. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

For guest conducting, guest speaking, and adjudication engagements, please email The Musical Tie directly so we can connect and make arrangements specific to your needs.

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