TERMS AND CONDITIONS
MUSICAL MEMORY CARE WORKSHOP PROGRAM
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms and conditions. If you do not agree to these Terms and Conditions, please do not use the website.
MUSICAL MEMORY CARE WORKSHOP, TERMS AND CONDITIONS
These terms and conditions (herein referred to as the “Terms”) govern your access to and use of Shannon Wallace, LLC and the Musical Memory Care Workshop program (herein referred to as “MMC”) website and mobile application. By accessing or using MMC you are agreeing to these Terms and entering into a legally binding contract with Shannon Wallace, L.L.C., (herein referred to as “SW”) who is the sole owner of MMC. It is important that you carefully read and fully understand all of the Terms herein. Do not access or use MMC if you are unwilling or unable to be bound by the Terms. Any references to “you” and “your” refer to you, as a user of MMC. Any references to “we”, “us” and “our” refer to Shannon Wallace, L.L.C.
1. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to modify the Terms at any time. When changes are made, we will make the revised Terms available on this website. As a user and/or member, you should review these Terms regularly. Any modification of the Terms will be effective once posted on this website. You hereby agree that your continued access to and/or use of MMMW after any posted modification to the Terms indicates your acceptance of the modified Terms.
2. USING MMC
A. Permission to Use MMC: We grant you permission to use MMC subject to these Terms. We may terminate said permission to use MMC for any conduct that we consider to be inappropriate, or for your breach of these Terms, (see Restrictions listed in paragraph 5). Your use of MMC is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
B. Site Availability: MMC and it’s paid subscription rates may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to SW.
C. User Accounts: You need to register to use portions of MMC. While registering, we may require that you change any user name, password or other information that you provide to us during registering. Your user name and password should be kept confidential; you are responsible for any use of your user name and password. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever.
A. Responsibility for Your Content: You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless SW and our agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any reason whatsoever.
B. SW’s Right to Use Your Content: By posting messages, uploading files, inputting data, or engaging in any other form of communication through MMC, you are granting SW a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
The following rules, policies, and disclaimers shall apply to and/or govern your use of MMC (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website). We do not monitor the postings and are not responsible for the content of any postings. If you feel that any posting is objectionable, contact SW directly. We will remove any content we deem objectionable.
A. You agree not to, and will not assist, encourage, or enable others to use MMC to:
i. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
ii. Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
iii. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
iv. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without SW’s prior written consent
v. Solicit, request or collect personal information for commercial or unlawful purposes;
vi. Solicit personal information from minors;
vii. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
viii. Engage in keyword spamming; or
ix. Impersonate any other individual or entity.
B. You also agree not to, and will not assist, encourage, or enable others to:
i. Restrict or inhibit any other user from using and enjoying MMC (for examples, by means of hacking or defacement);
ii. Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of MMC;
iii. Remove or modify any copyright, trademark, service mark or other proprietary rights notice that appears on any portion of MMC or on any materials printed or copied from MMC;
iv. Record, process or mine information about other users;
v. Reformat or frame any portion of MMC;
vi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on SW’s technology infrastructure or otherwise make excessive traffic demands of MMC;
vii. Attempt to gain unauthorized access to MMC, user accounts, computer systems or networks connected to MMC through hacking, password mining or any other means;
viii. Use any device, software or routine that interferes with the proper working of MMC, or otherwise attempt to interfere with the proper working of MMC;
ix. Use MMC to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, MMC; or
x. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of MMC, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of MMC.
6. THIRD PARTIES
MMC may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, SW does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
You agree to indemnify, defend and hold harmless SW and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to attorneys’ fees, resulting from (i) your access to or use of MMC, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with MMC, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SW reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
By voluntarily participating in this fitness program, you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity, including the MMC exercise program and that, in addition, certain medical conditions may be aggravated or made worse by physical activity (collectively, “Risks”). You assume any and all risk and danger incidental to the use of the videos and any other materials offered by SW and MMC, including but not limited to, the foregoing Risks and the way you perceive and utilize the information conveyed in the MMC videos. You agree to consult with your physician, before commencing the exercise program shown in the MMC materials, and you agree not to participate in MMC programs with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and that MMC shall not be liable for any injury resulting from or arising out of, participating in the MMC exercise program or from the Risks.
8. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SHANNON WALLACE, L.L.C. AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. MMC IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF MMC IS AT YOUR OWN DISCRETION AND RISK. SW MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF MMC, ITS SAFETY OR SECURITY, OR CONTENT. ACCORDINGLY, SW IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF MMC.
B. SW EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MMC
C. SW, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO MMC OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH MMC, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF MMC.
D. SW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON SW WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E. SW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON MMC OR ANY THIRD PARTY SITE.
F. SW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON MMC WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON MMC.
9. VOID WHERE PROHIBITED
Although MMC is accessible worldwide, not all products or services discussed or referenced on MMC are available to all persons or in all geographic locations. SW reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in MMC is void where prohibited.
10. MAKING PURCHASES
If you wish to purchase products or services described on MMC, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. SW will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. SW does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
11. RULES FOR PROMOTIONS
12. CHOICE OF LAW AND VENUE
These Terms shall be governed by, and construed in accordance with, the laws of the State of Arizona, exclusive of its choice of law rules. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
13. GENERAL TERMS
A. In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
B. The Terms contain the entire agreement between you and us regarding the use of MMC, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
C. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through MMC.
D. Any failure by SW to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. The Terms are not assignable, transferable or sub-licensable by you except with SW’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
F. The section titles in the Terms are for convenience only and have no legal or contractual effect.
G. The Terms may be revised by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
14. SW and MMC videos and accompanying materials necessarily require physical exercise or activity. By voluntarily participating in this fitness program you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity, including the MMC exercise program and that, in addition, certain medical conditions may be aggravated or made worse by physical activity (collectively, “Risks”). You assume any and all risk and danger incidental to the use of the videos and any other materials offered by SW and MMC, including but not limited to, the foregoing Risks and the way you perceive and utilize the information conveyed in the MMC videos. You agree to consult with your physician, before commencing the exercise program shown in the MMC materials, and you agree not to participate in MMC programs with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and that MMC shall not be liable for any injury resulting from or arising out of, participating in the MMC exercise program or from the Risks. You also understand that MMC encourages you to exercise and eat a healthy, well-balanced diet on your own to supplement the MMC exercise program, and that you, not SW or MMC, assume all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising or eating on your own. In addition, SW AND MMC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, WITH RESPECT TO ITS VIDEOS OR ANY OTHER MMC MATERIALS. FURTHER, SW AND MMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE VIDEOS OR ANY OF THE OTHER MATERIALS ON OR AVAILABLE THROUGH, ITS SITE OR OTHERWISE RELATING TO SUCH VIDEOS OR MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
15. DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that MMC should be notified of a possible online copyright infringement involving MMC’s Site, please notify MMC's designated agent: Shannon Wallace, L.L.C.