Terms of Use

Name: At Your Door Music
Price range: $$

Version 1.0

Effective on November, 25, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use (“Terms”) are a legal contract between you (“Customer” or “User”) and Ensemble Music Schools LLC, a Delaware limited liability company (“EMS,” “Company” or “we,” “our” or “us”). EMS operates an ecommerce site www.ensembleschools.com (the “Site”) which provides information related to music education for teachers and students (including lesson scheduling and asynchronous online teaching products) and related sites accessible to mobile devices, tablets, and other connected devices (collectively, the “Services”). These Terms govern your use and access of the Services. By accessing or using the Services, you agree to these Terms and the terms of our Privacy Policy. To use the Services, you must accept all of these Terms. If you disagree with these Terms or find them unacceptable in any way, do not use the Services.

YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF AND YOUR AUTHORIZED USERS). PERSONS UNDER THE AGE OF 18 MAY ONLY USE THE SERVICES IF APPROVED BY THEIR PARENT OR GUARDIAN.

SUPPLEMENTAL TERMS OR DOCUMENTS THAT MAY BE POSTED ON THE SITE FROM TIME TO TIME ARE HEREBY EXPRESSLY INCORPORATED HEREIN BY REFERENCE. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MAKE CHANGES OR MODIFICATIONS TO THESE TERMS AT ANY TIME AND FOR ANY REASON. WE WILL ALERT YOU ABOUT ANY CHANGES BY UPDATING THE “LAST UPDATED” DATE OF THESE TERMS, AND YOU WAIVE ANY RIGHT TO RECEIVE SPECIFIC NOTICE OF EACH SUCH CHANGE. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS OF USE TO STAY INFORMED OF UPDATES. YOU WILL BE SUBJECT TO AND WILL BE DEEMED TO HAVE BEEN MADE AWARE OF AND TO HAVE ACCEPTED, THE CHANGES IN ANY REVISED TERMS OF USE BY YOUR CONTINUED USE OF THE SERVICES AFTER THE DATE SUCH REVISED TERMS OF USE ARE POSTED.

1. ACCOUNTS

YOU DO NOT NEED TO PROVIDE ANY PERSONAL INFORMATION JUST TO LOOK AT THE SITE.

1.1 Account Creation. In order to use the full functionality of the Services such as obtaining employment or obtaining information about the Services, you may be required to provide certain information about yourself as prompted by the relevant intake form. “Account” means the Site from which EMS makes the Services available. This information may include the following:

First Name,
Last Name,
Address
Employment data
Academic history

If you choose not to provide certain information, that is your right and privilege, but you may not then be able to use all of the Services.

2. LICENSE AND INTELLECTUAL PROPERTY RIGHTS

2.1 License to Customer. The Services, including the Site are copyrighted works belonging to EMS. EMS grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license and right to use the Services solely for your own personal purposes and not for any commercial purposes subject to these Terms of Use.

2.2 Customer Restrictions. You may only use the Services as expressly authorized by EMS. You will ensure that you have obtained all necessary consents and approvals for EMS to access your Customer Data (defined below) for the purposes permitted under these Terms. If you are in breach of this section, EMS may suspend Services if and to the extent necessary to mitigate or avoid imminent damage, in addition to any other rights and remedies EMS may have at law or in equity.

2.3 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

2.4 Modification. EMS reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that EMS will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

2.5 Ownership. Excluding any User Content (defined below) that you may provide you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by EMS or EMS’ suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. EMS and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. USER CONTENT

3.1 User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Services (e.g., content in the User’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by EMS. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. EMS is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to EMS an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions.

b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services.

3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

3.5 License from Customer. Subject to these Terms of Use, you grant to EMS the limited, non-exclusive, non-transferable, non-sublicenseable, revocable license and right to use, copy, store, transmit and display any and all any data, information or material provided or submitted or made available by you to EMS or its service providers in connection with the Services (“Customer Data”) solely to the extent necessary to provide the Services as requested by you, except where you grant EMS authorization beyond such use.

3.6 Intellectual Property. As between the parties, EMS will and does retain all proprietary and intellectual property rights, title and interest (including all intellectual property rights) in and to the Services, trademarks, logos and service marks owned or asserted by EMS in and to the Services (“Marks”) and the audio and visual information, data, documents, software, products and services contained or made available to you in the course of using the Services (“EMS Content”). You retain all proprietary and intellectual property rights, title, and interest in and to Customer Data, which for the avoidance of doubt, shall exclude Statistical Data (as defined below).

3.7 Statistical Data. EMS has the perpetual right to use aggregated, anonymized, and statistical data derived from the operation of the Services (“Statistical Data”), and nothing herein shall be construed as prohibiting EMS from utilizing the Statistical Data for business and/or operating purposes, provided that EMS does not share with any third party Statistical Data which reveals your identity or your confidential information.

3.8 Feedback. If you provide EMS with any feedback or suggestion regarding the Services (“Feedback”), you hereby assign to EMS all rights in such Feedback and agree that EMS shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. EMS will treat any Feedback you provide to EMS as non-confidential and non-proprietary. You agree that you will not submit to EMS any information or ideas that you consider to be confidential or proprietary.

4. USE OF CUSTOMER DATA AND CUSTOMER CONTENT

4.1 EMS Use of Customer Data. EMS will maintain commercially reasonable administrative, physical, and technical safeguards for the protection and security of any Customer Data managed, stored, and processed by the Service. You agree that EMS shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

4.2 Statistical Data. Without limiting the confidentiality rights and intellectual property rights protections set forth in these Terms of Use, EMS has the perpetual right to use aggregated, anonymized, and statistical data (“Statistical Data”) derived from the operation of the Services, and nothing herein shall be construed as prohibiting EMS from utilizing the Statistical Data for business and/or operating purposes, provided that EMS does not share with any third party Statistical Data which reveals your identity or your confidential information.

4.3 Confidentiality. A Party will not disclose or use any Confidential Information of the other Party except: (a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to these Terms; (b) with the other Party’s prior written permission; or (c) to the extent required by law or order of a court or other governmental authority or regulation. Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party; (b) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party; (c) was independently developed by a Party without breach of any obligation owed to the other Party; or (d) was or is received from a third party without breach of any obligation owed to the other Party. For clarity, nothing in this Section 4.3 will restrict EMS with respect to EMS Data or Statistical Data. For the purpose of Section 4.3, (a) your “Confidential Information” is your business or technical information, including but not limited to information relating to software plans, designs, costs, prices and names, business opportunities, personnel, research, development or know-how that is designated by you as “confidential” or “proprietary” or that we know or should reasonably know is confidential or proprietary and that is disclosed to us in connection with the Services; and (b) our “Confidential Information” is any information of the Company that is disclosed to you or to which you otherwise have access, including (i) any software utilized by EMS in the provision of the Services and its respective source code; (ii) EMS’ business or technical information, including information relating to software plans, designs, costs, prices and names, business opportunities, personnel, research, development or know-how that is designated by EMS as “confidential” or “proprietary” or you know or should reasonably know is confidential or proprietary; and (iii) any special pricing or other non-standard terms agreed to by EMS in a separate written document.

5. THIRD PARTY WEBSITES, CONTENT AND OFFERINGS

5.1 No responsibility for Third-Party Websites. The Site may contain (or you may be sent via the Site) links to websites run by third parties (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”) , including websites run by schools or teachers providing services to Customers (“Third Party Offerings”). Such Third-Party Websites and Third-Party Content and Third Party Offerings are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you access, use or install from the Site.

5.2 No responsibility for Third Party Services. When we find third parties to provide certain services you may request from time to time, we do not verify the qualifications or quality of the third parties but instead facilitate your use of their services. We do not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the services. You agree and acknowledge that EMS does not guarantee or endorse the products or services offered by the third party. You are deemed to be responsible for and shall use your own skill and judgment as to, the quality, value and suitability of such information and suggestions and in deciding whether to enter into any contract with any third party for the supply of services or sale of goods.

5.3 Purchases through Third-Party Websites or from Third Parties. Any purchases you make through Third-Party Websites or from third party suppliers will be through other websites and from other companies, and although EMS may facilitate the purchase or transaction on your behalf or introduce you to the third party, EMS takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that EMS does not endorse the products or services offered on Third-Party Websites or by any third parties introduced to you by EMS and you shall hold EMS harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold EMS harmless from any losses sustained by you or harm to you, in each case, relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites or Third-Party Offerings or Third-Party Apps.

6. MODIFICATION

EMS reserves the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

7. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND EMS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH EVENT, THE IMPLIED WARRANTY WILL BE DEEMED TO BE EXCLUDED TO THE MAXIMUM AMOUNT ALLOWED UNDER SUCH LAW.

8. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMS, ITS AFFILIATES, OR ANY OF THEIR SUPPLIERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, AND RELATED SERVICES IS AT YOUR OWN DISCRETION AND RISK.

YOU AGREE THAT ANY CONTRACT ENTERED INTO BY YOU WITH ANY OF THE SUPPLIERS IS AN INDEPENDENT CONTRACT. EMS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY SUPPLIER OR ANY LOSS INCURRED BY YOU AS A RESULT OF ANY ACT OR OMISSION OF A SUPPLIER WHETHER OR NOT ARRANGED THROUGH OR INTRODUCED BY EMS. EMS ACCEPTS NO LIABILITY FOR ANY LOSSES OR CLAIMS ARISING FROM ANY INABILITY TO ACCESS THE SITE OR OUR SERVICES OR ANY FAILURE TO COMPLETE A TRANSACTION.

NONE OF THE RELEASEES SHALL BE LIABLE FOR ANY LOSS, COST, EXPENSE OR DAMAGE OF ANY NATURE WHATEVER (WHETHER DIRECT OR INDIRECT) RESULTING FROM THE PROVISION OF THE SERVICES OR YOUR RELIANCE UPON THE INFORMATION AND SUGGESTIONS PROVIDED BY EMS HEREUNDER AND THE RESULTING SUPPLY OF GOODS AND SERVICES TO YOU BY ANY THIRD PARTY, IN EITHER CASE, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF ANY RELEASEE OR OTHERWISE. THE RELEASEES SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION ARISING FROM REQUESTS OR INSTRUCTIONS SUPPLIED BY YOU WHICH ARE INCOMPLETE, INCORRECT, OR INACCURATE OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL, OR ANY OTHER FAULT OF YOU. EMS SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THESE TERMS AND CONDITIONS BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF EMS’ OBLIGATIONS IN RELATION TO THE SERVICES, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND EMS’ REASONABLE CONTROL

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE RELEASEES RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO EMS FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIMITATION OF LIABILITY WILL BE DEEMED TO BE THE MAXIMUM AMOUNT ALLOWED UNDER SUCH LAW.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold the Releasees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) any breach of these Terms, including any breach of your representations and warranties set forth in these Terms; or (3) your violation of the rights of a third party, including intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

10. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. EMS will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content or Customer Data. The following will survive any expiration or termination of this Agreement: The Preamble and Section 2.5 and Sections 3 through 11.

11. GENERAL

11.1 Governing Law. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

11.2 Jurisdiction. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delaware, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

11.3 Copyright Policy. EMS respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the material on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such material; (e) your address, telephone number, and e-mail address; (f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Notice:
Ensemble Music Schools LLC
Attention: DMCA Agent
9450 SW Gemini Drive
PMB 50196
Beaverton, OR 97008
legal@ensembleschools.com

11.4 Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from EMS, or any products utilizing such data, in violation of the United States export laws or regulations.

11.5 Disclosures. EMS is located at the address in Section 11.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

11.6 Consent to Electronic Communications and Text Messages

By using the Services, you consent to receiving certain recurring electronic communications from us as further described in this Privacy Policy. You agree that any referrals, notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We may send text messages (including SMS messages) to you directly or via third-party providers in accordance with this Section.

Except as otherwise set forth in this paragraph, by using the Services, you consent to receive text messages from us at any phone or mobile number that you provide to us. By providing any such phone or mobile number to us, you represent to us that you are authorized to provide the foregoing consent with respect to such number. You are not required to grant the foregoing consent in this paragraph as a condition to your use of the Services, and you can indicate that you do not intend to provide such consent by sending an email to that effect to legal@ensembleschools.com prior to using the Services. Furthermore, you can revoke the foregoing consent in this paragraph, by contacting us at legal@ensembleschools.com.

You may receive a text message from us in relation to use of the Site and Services. You can stop receiving text messages at any time by replying ‘STOP’ to the message or as otherwise indicated in the text message.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on your interaction. You should contact your wireless provider with any questions. Please keep all information accurate and up to date. For all further questions about the electronic communications and text messaging, please send an email to legal@ensembleschools.com.

11.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without EMS’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. law. We may assign any or all of our rights and obligations to others at any time. The terms and conditions set forth in these Terms shall be binding upon assignees.

11.8 Copyright/Trademark Information. Copyright © 2024 Ensemble Music Schools LLC. All rights reserved. All Marks displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third Party which may own the Marks.

11.9 Contact Information:

Ensemble Music Schools LLC
9450 SW Gemini Drive
PMB 50196
Beaverton, OR 97008
legal@ensembleschools.com