{"id":12,"date":"2018-09-24T21:57:15","date_gmt":"2018-09-24T21:57:15","guid":{"rendered":"http:\/\/guitar.fretboard101.com\/?page_id=12"},"modified":"2021-05-25T10:50:11","modified_gmt":"2021-05-25T14:50:11","slug":"terms-of-service-privacy-policy","status":"publish","type":"page","link":"https:\/\/guitar.fretboard101.com\/terms-of-service-privacy-policy\/","title":{"rendered":"Terms of Service &#038; Privacy Policy"},"content":{"rendered":"<p><strong>TERMS OF SERVICE<br \/>\n<\/strong><\/p>\n<p><strong>Introduction<\/strong><\/p>\n<p>Site Terms of Service, an Enforceable Legal Agreement.<br \/>\nAs of May 15th, 2021<\/p>\n<p>These Terms of Service and our privacy policy (together the \u201cTerms\u201d) govern all use of https:\/\/www.fretboard101.com and that site\u2019s services (together the \u201cSite\u201d or \u201cServices\u201d). The Site is owned by Fretboard101. <\/p>\n<p>The owners and contributors to the Site will be referred to as \u201cwe,\u201d \u201cus,\u201d or \u201cour\u201d in these Terms. By using the Site or its Services, and\/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a \u201cuser\u201d for purposes of the Terms. You and every other user (\u201cyou\u201d or \u201cUser\u201d as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the word \u201cSite\u201d includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.<\/p>\n<p><strong>Reschedule &#038; Cancellation Policy for Lessons:<\/strong><br \/>\nThe goal of this policy is to provide students with as much flexibility as possible; while maintaining some degree of consistency in the schedule, being able to plan ahead for lost income, and making sure limited time slots are available to other students. <\/p>\n<p><strong>Rescheduling a lesson:<\/strong><\/p>\n<ul>\n<li>You can reschedule your lesson for free if you provide at least 7 days written notice by email.<\/li>\n<li>If you need to reschedule a lesson less than 7 days in advance there is a $10 fee, payable when you schedule the make up lesson.<\/li>\n<li>If you need to reschedule the day of the lesson there is a $20 fee, payable when you schedule the make up lesson. To avoid the same day reschedule fee you can provide written notice of the need to reschedule by email before 11pm Eastern Time.<\/li>\n<li>You can reschedule a lesson anytime up to 90 days after the day of the lesson.<\/li>\n<li>To reschedule a lesson you must continue to be enrolled in either the same lesson plan or an upgraded lesson plan.<\/li>\n<li>The fee can be waived for medical and family emergencies, or unusual circumstances that would be impossible to plan for.<\/li>\n<li>The late reschedule fee is only due when you schedule the new day\/time. There is no fee for missing the original scheduled lesson, although it is helpful if you let me know ahead of time.<\/li>\n<\/ul>\n<p><strong>Canceling a lesson:<\/strong> <\/p>\n<ul>\n<li>If you plan to miss a lesson due to travel, you can get the amount of that lesson credited toward the following month by providing at least 14 days written notice by email.<\/li>\n<li>If you are giving less than 14 days notice, you can reschedule the lesson according to the reschedule policy.<\/li>\n<\/ul>\n<p><strong>User Prohibited From Illegal Uses<\/strong><\/p>\n<p>User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.<\/p>\n<p><strong>User represents and warrants that:<\/strong><\/p>\n<p>User will use the Services only as provided in these Terms;<br \/>\nUser is at least 18 years old and has all right, authority, and capacity to agree to these Terms;<br \/>\nUser will provide accurate, complete, and current information to the Site and its owner(s);<br \/>\nUser will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.<br \/>\nDisclaimer of Warranties<\/p>\n<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES \u201cAS IS,\u201d WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.<\/p>\n<p><strong>Liability Is Limited<\/strong><\/p>\n<p>THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.<\/p>\n<p>NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY\u2019S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.<\/p>\n<p>The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User\u2019s knowledge or consent. The Site shall have no liability for any damages related to: User\u2019s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site\u2019s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.<\/p>\n<p><strong>Third party products, links, and actions<\/strong><\/p>\n<p>The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.<\/p>\n<p><strong>Changes to the Site and the Services<\/strong><\/p>\n<p>The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.<\/p>\n<p><strong>Indemnity<\/strong><\/p>\n<p>If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.<\/p>\n<p><strong>Intellectual Property<\/strong><\/p>\n<p>This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (\u201cGPL\u201d) terms under which the WordPress software is licensed, see here http:\/\/wordpress.org\/about\/gpl\/<\/p>\n<p>The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.<\/p>\n<p>Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site\u2019s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.<\/p>\n<p>The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.<\/p>\n<p>All rights not expressly granted in these Terms are reserved by the Site.<\/p>\n<p><strong>Privacy<\/strong><\/p>\n<p>Any information that you provide to the Site is subject to the Site\u2019s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and\/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User\u2019s account with the Site, and Users are not able to opt out of all of them.<\/p>\n<p>If User participates in any group event that includes audio, images, and\/or video of the participants, or shares any audio, images, and\/or video on the site or in our Facebook group or any type of community forum run by the site, User hereby grants and authorizes us the right to record, archive, edit, alter, copy, exhibit, publish, distribute and make use of any and all images, video, or audio of the User without limitation. This authorization extends to all languages, media, formats, and markets now known, or hereafter devised.<br \/>\nThis does NOT apply to one-on-one private lessons. We will ask permission separately if we wish to record or use any audio, images, or video of the user in a private one-on-one lesson or consultation. If you are the only participant in an event that is designated as a group event, that does not count as a private lesson, and we will retain the right to record and make use of audio, images, and video just like any other group event. <\/p>\n<p><strong>Usernames, Passwords, and Profiles<\/strong><\/p>\n<p>If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and\/or User access to the Site if a valid email is requested but is not provided by the User.<\/p>\n<p>If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.<\/p>\n<p>You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to fretboard101@gmail.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site\u2019s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.<\/p>\n<p><strong>Disputes<\/strong><\/p>\n<p>We are based in Charlottesville, VA and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Charlottesville, VA , without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Charlottesville, VA will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.<\/p>\n<p><strong>Advertising<\/strong><\/p>\n<p>The Site may include advertisements, which may be targeted for relevance to the Site, queries made, or other information to improve relevance to the Site\u2019s users. The types and extent of advertising on the Site will change over time. In consideration for User access to and use of the Site, User agrees that the Site and third party providers and partners may place advertising anywhere on the Site. For the remaining terms that will apply to our advertising practices, including use of your information, see our Privacy Policy.<\/p>\n<p><strong>General<\/strong><\/p>\n<p>These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site.<\/p>\n<p>Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.<\/p>\n<p>Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.<\/p>\n<p>If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.<\/p>\n<p>User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.<\/p>\n<p>There shall be no third party beneficiaries under these Terms, except for the Site\u2019s affiliates, suppliers, and licensors, or as required by law.<\/p>\n<p>Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.<\/p>\n<p>The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.<\/p>\n<p><strong>Terms Contact<\/strong><\/p>\n<p>If you have any questions about these Terms, please address them to fretboard101@gmail.com<\/p>\n<p><strong>Last Updated<\/strong><\/p>\n<p>These terms were last updated on June 1st, 2017<\/p>\n<p>&nbsp;<\/p>\n<p><strong>PRIVACY POLICY<\/strong><\/p>\n<p><strong>Introduction<\/strong><br \/>\nThis privacy policy (\u201cPolicy\u201d) and this site\u2019s Terms of Service (together the \u201cTerms\u201d) govern all use of https:\/\/www.fretboard101.com and that site\u2019s services (together the \u201cSite\u201d or \u201cServices\u201d). The owners and contributors to the Site will be referred to as \u201cwe,\u201d \u201cus,\u201d or \u201cour\u201d in this Policy. By using the Site or its Services, and\/or by clicking anywhere on this Site to agree to the Terms and this Policy, you are deemed to be a \u201cuser\u201d for purposes of this Policy. You and every other user (\u201cyou\u201d or \u201cUser\u201d as applicable) are subject to this Policy. You and each user also agree to the Terms by using the Services. In these Terms, the word \u201cSite\u201d includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.<\/p>\n<p>We provide this privacy statement explaining our online information practices, so that you can decide whether and how to interact with the Site and the Services.<\/p>\n<p>We may release your information when we deem it appropriate to comply with the law, enforce our site policies, or protect ours or others\u2019 rights, property, or safety.<\/p>\n<p>This online privacy policy applies only to information collected through our website and not to information collected offline.<\/p>\n<p>Please also review our Terms of Use section that governs the use and the users of the Site.<\/p>\n<p>By using our site, you consent to our privacy policy.<\/p>\n<p>If we decide to change our privacy policy, we will post those changes on this page. If we have your email address, we may also send an email notifying you of any changes.<\/p>\n<p><strong>Contact Data and Other Identifiable Information<\/strong><br \/>\nThis site collects certain user information, which may include a username and password, contact information, or any other data that you type in to the site. It may also identify your IP address to help identify you on future visits to the site. At our discretion, the Site may use this data to:<\/p>\n<p>Personalize the user experience and\/or customer service<br \/>\nImprove the site<br \/>\nTo process transactions<br \/>\nAdminister a contest, promotion, survey or other site feature or function<br \/>\nSend email to users<\/p>\n<p>help the site owner operate and manage the site,<br \/>\nare the site owner\u2019s advertisers and marketing partners,<\/p>\n<p><strong>Mobile Device Privacy<\/strong><br \/>\nThe following applies to our site, when viewed on a mobile device:<br \/>\nWhen accessed with a mobile deivce, our site may collect information automatically, such as the type of mobile device you have, device identifiers, and information about your use of the site. Regardless of the device you use to access the site, it will also collect information you provide, as well as information about your interaction with the site and its content.<br \/>\nIf location services are activated on your mobile device, our site may collect information about the location of your device. Your mobile network service providers may collect device-specific information, such as a device identifier, when you use our website or one of our mobile applications. This information collected by your mobile network service will not be associated with your user account with us, or with your personally identifiable information.<\/p>\n<p><strong>Advertising Network<\/strong><br \/>\nWe use one or more third party vendors to serve ads on the Site. To serve ads and determine how our users use the Site, these services use cookies, or small pieces of code to serve ads to Site users based on users\u2019 visits to the Site and others. Users may adjust their browser settings to disallow the use of cookies. With cookies turned off, certain features of the Site may work less efficiently or not at all.<\/p>\n<p>We may use Google as an advertising services provider for the Site. Users may opt out of Google\u2019s use of the DART use-tracking cookie by visiting the Google advertising Policies &amp; Principles page. If you opt out of ad tailoring, you will still see ads, but they will not be based on your browsing history, and they may appear in other languages.<\/p>\n<p><strong>Cookies<\/strong><br \/>\nThis site uses cookies. Cookies are small pieces of code that the Site or a service provider will put on your computer if your Web browser allows it. The Site uses cookies to recognize and keep certain information. On the Site, that information may be used to recognize your computer and browser from current or past visits to the Site or related sites. We may use this cookie-captured information to improve our service to you, to aggregate information about visitors to the Site and their behavior, to remember and process items in your shopping cart, to understand and save user preferences, or to keep track of advertising. We may contract with third-party service providers to assist us in better understanding our site visitors.<br \/>\nIn most Internet browsers, you can change your settings so that you will be warned each time a cookie is being sent, or so that cookies will be turned off. With cookies blocked, some functions of the Site may not operate properly.<\/p>\n<p><strong>Usernames, Passwords, and Profiles<\/strong><br \/>\nIf prompted, Users must provide a valid email address to the Site, at which the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account if a valid email is requested but is not provided by the User.<br \/>\nIf the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or change a username or profile data at any time. Similarly, if the Site prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.<br \/>\nYou are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to fretboard101@gmail.com. You acknowledge that if you wish to protect your interactions the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures.<\/p>\n<p><strong>Use of Audio, Images, and Video<\/strong><br \/>\nIf User participates in any group event that includes audio, images, and\/or video of the participants, or shares any audio, images, and\/or video on the site or in our Facebook group or any type of community forum run by the site, User hereby grants and authorizes us the right to record, archive, edit, alter, copy, exhibit, publish, distribute and make use of any and all images, video, or audio of the User without limitation. This authorization extends to all languages, media, formats, and markets now known, or hereafter devised.<br \/>\nThis does NOT apply to one-on-one private lessons. We will ask permission separately if we wish to record or use any audio, images, or video of the user in a private one-on-one lesson or consultation. If you are the only participant in an event that is designated as a group event, that does not count as a private lesson, and we will retain the right to record and make use of audio, images, and video just like any other group event. <\/p>\n<p><strong>Disputes<\/strong><br \/>\nWe are based in Charlottesville, VA and you are contracting to use our Site. This Policy and all matters arising from your use of the Site are governed by and will be construed according to the laws of Charlottesville, VA , without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in Charlottesville, VA will be the only permissible venues for any and all disputes arising out of or in connection with this Policy or the Site and Service.<\/p>\n<p><strong>Terms Contact<\/strong><br \/>\nIf you have any questions about these Terms, please address them to fretboard101 at gmail.com<\/p>\n","protected":false},"excerpt":{"rendered":"<p>TERMS OF SERVICE Introduction Site Terms of Service, an Enforceable Legal Agreement. As of May 15th, 2021 These Terms of Service and our privacy policy (together the \u201cTerms\u201d) govern all use of https:\/\/www.fretboard101.com and that site\u2019s services (together the \u201cSite\u201d or \u201cServices\u201d). The Site is owned by Fretboard101. 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