Terms of Use

Last Updated – October 1, 2026

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Ensemble Music Schools LLC, a Delaware limited liability company, and its affiliated entities (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of ensembleschools.com, including all subdomains and portals (collectively, the “Sites“), as well as any applications and other services that post a link to these Terms of Use, whether as a guest or a registered user, including any content, functionality, and products or services offered on or through the Sites.

Please read these Terms of Use carefully before you start to use the Sites. By using the Sites, you acknowledge that you have read, understand, and expressly agree to be legally bound and abide by these Terms of Use.  If you do not agree to these Terms of Use, you should not access or use the Sites.

THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION & BINDING ARBITRATION” CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE RESOLVED. SPECIFICALLY, THIS SECTION SETS FORTH OUR ARBITRATION AGREEMENT, IN WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU FURTHER AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. MORE DETAILS ARE DISCUSSED BELOW.

The Sites are offered and available only to users who are 18 years of age or older and who are residents of, and accessing the Sites from, the United States. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with the Company, meet all of the foregoing eligibility requirements, and are using the Sites from within the United States. If you do not meet all of these requirements, you must not access or use the Sites.

2. Territorial Applicability; United States Use Only

These Terms of Use apply to your use of the Sites within the United States only. The Sites are intended for access and use by persons located in the United States, and we do not represent or warrant that the Sites or any of its content is appropriate or available for use in any other jurisdiction. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Accessing the Sites and Account Security

We reserve the right to withdraw or amend the Sites, and any service or product we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Sites.
  • Ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.

To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy at Privacy Policy (“Privacy Policy”), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Nothing in these Terms of Use limits any rights you may have under applicable U.S. data protection or privacy laws. If you do not agree to abide by our Privacy Policy, you should not use the Sites.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for all actions taken by anyone using your account, whether or not such access to and use of your account is actually authorized by you.  You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Sites by minors. You also agree to ensure that you exit your account at the end of each session. If you do not do so and someone accesses your account and makes purchases without your consent, you will still be liable for any purchases. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use or other applicable law.

5. Intellectual Property Rights

The Sites and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States, UK, EU and other international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. Any products purchased by you through the Sites are for your personal use and may not be resold. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Sites.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.

You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of these Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company or the applicable trademark owner. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

7. Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Sites:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Acceptable Use Policy set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites, or expose them to liability.

Additionally, you agree not to:

  • Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
  • Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
  • Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Sites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer, or database connected to the Sites.
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Sites.

8. User Contributions

The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials such as quotes, comments, photos, videos or other content (collectively, “User Contributions“) on or through the Sites.

All User Contributions must comply with the Acceptable Use Policy set out in these Terms of Use.

Any User Contribution you post to any Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Contributions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, in each case to the extent permitted by applicable law. In order to further effect the rights and license that you grant to us to your User Contributions, you also, as permitted by applicable law, hereby grant to us and our affiliates, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Contributions, without any obligation or remuneration to you.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

9. Monitoring and Enforcement; Termination

We have the right (but not the obligation) to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or a court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND AGREE TO HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all User Contributions before they are posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. ACCORDINGLY, WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS, OR CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

10. Acceptable Use Policy

These standards apply to any and all User Contributions and use of any interactive services on the Sites.  User Contributions must in their entirety comply with all applicable federal, state, and local laws and regulations.

Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to be upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

11. Fees and Payment

If and to the extent any use of the Sites may require a fee payment or incremental payment or subscription, you agree to pay us any applicable fees posted on the Sites. By completing and submitting any credit card or other payment authorization through the Sites, you are authorizing us to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us.  During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.

After 30 days from the date of any unpaid charges, your payment obligation will be deemed delinquent, and we may terminate or suspend your account and access to the Sites for nonpayment. We reserve the right to assess an additional one and one-half percent (1.5%) late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you. Except as otherwise mutually agreed in writing, we reserve the right to change our fees with 30 days’ notice.

If your use of the Sites or any services involves a subscription (including any recurring membership, auto-refill, or similar offering), unless otherwise stated at the time of purchase, your subscription will automatically renew at the end of each subscription term for successive renewal terms at the then-current rate, plus any applicable taxes, fees, and surcharges, using the payment method associated with your account. You may cancel your subscription at any time prior to the renewal date through your account settings (if available) or by contacting us using the contact details provided on the Sites; any cancellation will take effect at the end of your then-current subscription term, and you will not be entitled to any refund for the remaining portion of such term except where required by applicable law or as expressly stated at the time of purchase. Where required by applicable law, we will provide you with advance notice of any price changes or other material changes to your subscription and information on how to cancel before such changes take effect.

If you are a resident of California and your subscription constitutes an automatic renewal or continuous service under California law, the following additional terms apply: (a) we will present the automatic renewal offer terms in a clear and conspicuous manner before the subscription is purchased, and obtain your affirmative consent to such terms before charging your payment method; (b) we will send you an order confirmation that includes the automatic renewal offer terms, the cancellation policy, and information on how to cancel, in a manner that can be retained by you; (c) we will provide you with a cost‑effective, timely, and easy‑to‑use mechanism for cancellation, which may include online cancellation through your account or by email, as described on the Sites or in the order confirmation; (d) where required by applicable law, we will provide you with advance notice of material changes or of renewal terms that differ materially from your current terms, along with information on how to cancel before such changes or renewals take effect; and (e) if you cancel, we will not charge you for any renewal term that begins after the effective date of your cancellation, except to the extent permitted by applicable law.

If the Company uses a third-party payment processor, such as Stripe or PayPal, or if Company operates a shop through Shopify, you will need to agree to the terms of service offered by such third-party payment processor or marketplace.  Payment processors and marketplaces are independent parties from us and we are not responsible for the contents of their terms of service.  Should their terms of service differ from these Terms of Use, such differences shall not modify these Terms of Use in any manner.

12. User Transactions; Product Purchases

If you wish to rent or purchase any product or service made available through the Sites (each purchase or rental, a “Transaction“), including without limitation musical instruments, accessories, sheet music, repairs, maintenance plans, or related services, you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services (including, without limitation, musical instruments, accessories, sheet music, repairs, maintenance plans, and rental offerings) described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Sites does not imply or warrant that these products or services will be available. By placing an order, you represent that the products ordered will be used only in a lawful manner for your own personal or professional use, as applicable, and such products will not be resold unless specifically allowed under the Transaction. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display products and services accurately on the Sites. Despite these efforts, a small number of items on the Sites may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items supplied by third parties. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

We are not responsible for and cannot guarantee the performance of goods and services provided by third parties.  In certain circumstances, you may return products purchased through the Sites in accordance with the applicable return policy (if any) described to you at the time of sale. If you purchase items sold by a third party, you may return those items only in accordance with the third party’s return policy.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our copyright agent designated below. In accordance with the United States Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is the Legal Department, which can be contacted at legal@ensembleschools.com.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

14. Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. Instrument Rental Terms

The following Instrument Rental Terms apply to any rental of musical instruments, accessories, or related equipment (each, an “Instrument“) through the Sites (the “Rental Services“) in addition to these Terms of Use and any specific terms presented to you at checkout. These Instrument Rental Terms may also be supplemented or varied by additional or different rental terms posted on the website of the particular entity from which you are renting and/or any rental agreement you enter into with the Company or its affiliate, and, in the event of a conflict between such entity-specific terms/rental agreement and these Instrument Rental Terms, the entity-specific terms/rental agreement will govern with respect to your rental from that entity. In the event of any other conflict between this Section 15 and any other provision of these Terms of Use with respect to Instrument rentals, this Section 15 will govern.

(a) Rental Relationship; Ownership. All Instrument rentals are leases only. Title to each Instrument remains at all times with the Company or its lessor, and you acquire no ownership or security interest in any Instrument unless and until you separately exercise an expressly offered purchase option and pay the full purchase price as specified by us in writing. You may not sell, pledge, encumber, or otherwise transfer any interest in an Instrument.

(b) Eligibility; Parent or Guardian as Contracting Party. Instrument rentals are offered only to individuals 18 years of age or older who are residents of, and accessing the Sites from, the United States. Where an Instrument is rented for use by a student under 18 years of age, the parent or legal guardian entering into the rental is the contracting party, is fully responsible for all obligations under these Instrument Rental Terms, and must ensure that the student complies with them.

(c) Rental Term; Month‑to‑Month School‑Year Model; Renewal and Termination. Unless otherwise stated at the time of your Transaction, Instrument rentals are offered on a month‑to‑month basis typically intended to cover a school year. The initial rental term begins on the earlier of (i) the date the Instrument is delivered to you or your school (if applicable) or (ii) the date specified in your Rental Services confirmation. The rental will automatically renew on a month‑to‑month basis at the then‑current rental rate (plus applicable taxes and fees) using the payment method associated with your account until terminated in accordance with these Instrument Rental Terms. You may terminate a rental at the end of any monthly period by (1) providing any required notice described at checkout or in your rental confirmation and (2) returning the Instrument to us in accordance with subsection (g). We may terminate a rental at any time for non‑payment, breach of these Terms of Use, or if we reasonably determine that continued rental is impractical (for example, due to safety or availability concerns), in which case you must promptly return the Instrument.

(d) Fees; Billing; School or Program Arrangements. Rental fees, taxes, and any other applicable charges will be disclosed to you at the time of your Transaction and are in addition to any other amounts due under Section 11 (Fees and Payment). By entering into a rental, you authorize us to bill your designated payment method on a recurring basis for all rental charges and related fees (including late fees, repair charges, and, where applicable, replacement charges) until the Instrument is returned and your rental is closed in accordance with these Instrument Rental Terms. If your school or another organization participates in a rental program with us and agrees to pay some or all rental charges, you remain responsible for any amounts not paid by such third party and for all obligations relating to the Instrument.

(e) Delivery, Inspection, and Acceptance. Delivery may be made to you directly or, where offered, to your school or another designated location. Risk of loss and responsibility for the Instrument pass to you upon delivery. You agree to inspect the Instrument promptly upon delivery and notify us within the inspection period stated in your rental confirmation (or, if none is stated, within five (5) business days) of any material damage, defect, or discrepancy. If you do not notify us within that period, the Instrument will be deemed received in good working order and acceptable condition, subject to ordinary wear and manufacturer warranties (if any) and our disclaimer of warranties in Section 20.

(f) Permitted Use; Care, Maintenance, and Repairs. You must (and must ensure that any student user does) use the Instrument only for lawful, non‑commercial, personal or educational purposes, in a careful and proper manner, and in accordance with any care or use instructions provided by us or the manufacturer. You may not sub‑rent, loan, or otherwise make the Instrument available to any other person except the intended student user within your household or school program. You are responsible for ordinary care of the Instrument, including routine cleaning, string or reed replacement, and other minor maintenance customarily performed by the user or instructor. All non‑routine repairs or adjustments must be performed by us or by a repair facility we authorize in writing; unauthorized repairs, modifications, or alterations (including engraving or defacing serial numbers) are prohibited and may result in additional charges.

(g) Return of Instrument; End of Rental. At the end of the rental term or upon earlier termination, you must return the Instrument in good condition, ordinary wear and tear excepted, using the return method and to the location we specify (for example, shipment to our facility or return through a participating school). You are responsible for properly packaging the Instrument and, unless we expressly state otherwise, for all shipping and handling charges associated with return. Rental charges will continue to accrue until we receive and process the Instrument as returned. We may assess reasonable fees for cleaning, missing accessories (such as mouthpieces, bows, cases, or straps), and damage beyond ordinary wear and tear.

(h) Loss, Theft, and Damage; Charges. From delivery until we receive the Instrument back in accordance with subsection (g), you bear the risk of loss, theft, or damage to the Instrument from any cause, except to the extent otherwise stated in an applicable damage waiver as described in subsection (i). If the Instrument is lost, stolen, or damaged beyond economically reasonable repair (as we determine in good faith), we may declare the Instrument a total loss and charge you a replacement fee equal to our then‑current replacement value, less any amount we recover as salvage, if applicable. If the Instrument is damaged but can be economically repaired, you are responsible for the reasonable cost of repair (including parts, labor, and shipping) as determined by us or an authorized repair facility. These amounts may be charged to your payment method on file in accordance with subsection (d).

(i) Optional Damage Waiver. Where offered, you may elect an optional damage waiver or maintenance plan for an additional recurring fee, as described at checkout or in your rental confirmation. The scope of coverage, conditions, limits, and exclusions of any such damage waiver will be disclosed to you at the time of enrollment. Unless expressly stated otherwise, a damage waiver: (i) applies only to accidental damage from normal use; (ii) does not cover loss, theft, mysterious disappearance, intentional damage, misuse, neglect, unauthorized repairs or modifications, damage occurring while the Instrument is in checked baggage or otherwise improperly transported, or damage to consumables such as reeds, strings, or drumheads; and (iii) is a contractual waiver of certain damage charges and not an insurance policy. You remain responsible for any charges or circumstances not covered by the damage waiver.

(j) Purchase Option (If Offered). If we offer a purchase option for a particular Instrument, the specific terms, including purchase price, any credit of prior rental payments, and the period during which the option may be exercised, will be presented to you at checkout or in a separate written communication. Any purchase option will be effective only if you satisfy all stated conditions and pay the full purchase price and any applicable taxes and fees. Until payment is received in full and we confirm the sale in writing, the Instrument remains our property and is subject to these Instrument Rental Terms.

(k) Default. If you fail to pay any amount when due, fail to return the Instrument as required, breach any material provision of these Instrument Rental Terms, or if we reasonably believe the Instrument is at risk of loss, damage, or unlawful disposition, then, subject to applicable law, we may (i) terminate the rental, (ii) declare all amounts due and to become due immediately payable (to the extent permitted by law), (iii) charge your payment method for any unpaid rental, repair, or replacement fees, and (iv) demand return of the Instrument or, where permitted by law and applicable school policies, coordinate with your school or program to secure the Instrument. Our rights and remedies under this subsection are cumulative and in addition to any other rights and remedies available under these Terms of Use or applicable law.

16. Changes to the Sites

We may update the content on the Sites from time to time. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

17. Linking to the Sites and Social Media Features

On the Sites, you may link to our homepage. If the site has that capability, you may do so, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party Sites to certain content on the Sites.
  • Send emails or other communications with certain content, or links to certain content, on the Sites.
  • Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party sites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Sites that is not owned by you.
  • Cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Sites other than the homepage.
  • Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Sites linked to the sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

19. Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an email to legal@ensembleschools.com.  You may also contact us by writing or by regular mail at 9450 SW Gemini Dr., PMB 50196, Beaverton, Oregon 97008. California residents may reach the Compliance Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. This Section applies only to residents of California and does not limit any rights that residents of other jurisdictions may have under their local laws.

20. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR BREACH OF YOUR STATUTORY RIGHTS AS A CONSUMER.

YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES, ITEMS OR PRODUCTS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES IN CONNECTION WITH OR  ARISING OUT OF YOUR USE, OR INABILITY TO USE THE SITES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER SITES, OR ANY PRODUCT OR SERVICE PURCHASED:  INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN ADDITION, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL FEES PAID TO US BY YOU IN THE THREE MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $100 IF YOU HAVE NOT PAID US ANY FEES). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITES AND PURCHASES OF PRODUCTS, AND WE WOULD NOT MAKE THE SITES AVAILABLE TO YOU WITHOUT THIS LIMITATION.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING, WHERE APPLICABLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR BREACH OF YOUR NON-WAIVABLE STATUTORY RIGHTS AS A CONSUMER.

22. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents,  suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.

23. Dispute Resolution & Binding Arbitration

Any controversy, claim, or dispute arising out of or related to these Terms of Use, the Sites, your User Contributions, or any product or services purchase, or the relationship of the parties, including, but not limited to, alleged violations of national or state statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Delaware before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines. No Dispute may be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE, IN EACH CASE ONLY TO THE EXTENT SUCH WAIVER IS PERMITTED BY APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and the Company agree, and it is our intent that, this Section satisfies the “writing” requirement of the Federal Arbitration Act.  Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

24. Governing Law and Jurisdiction

All matters relating to the Sites and these Terms of Use, and any Dispute, shall be governed by and construed in accordance with: (a) if you are located in the United States, the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule; (b) if you are located in the European Economic Area or the United Kingdom, the laws of your country of habitual residence, and you may bring proceedings in the courts of that country; and (c) if you are located in any other jurisdiction, the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule, except to the extent that the laws of your country of residence provide you with mandatory rights that cannot be limited by contract. Nothing in these Terms of Use deprives you of any mandatory rights you may have under the laws of your country of residence.

25. Electronic Communications

If you are located in the United States, the communications between you and Company shall be via electronic means, whether you use the Sites or send us emails, or whether Company posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to Company, we will send You an SMS message to confirm that You have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and Company will start sending SMS messages to you again. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from Company and to Company from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy. If you are located in the European Economic Area or the United Kingdom, we will only send you marketing communications by electronic means where we have a lawful basis to do so under applicable data protection and e-privacy laws, and you may withdraw your consent or opt out of such communications at any time as described in our Privacy Policy.

26. Statistical Data; Feedback

We have 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 us from utilizing such Statistical Data for business and/or operating purposes, provided that we do not share with any third-party Statistical Data which reveals your identity or your confidential information.

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

27. Other

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Sites and, unless otherwise stated herein, supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

The word “including” means “including without limitation”. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign any or all of our rights and obligations to others at any time.  These Terms of Use shall be binding upon assignees.

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 us, or any products utilizing such data, in violation of the United States export laws or regulations.

 

 

Terms and Conditions - Privacy Policy