TERMS AND CONDITIONS
Agreement Between User and MTAC
These Terms and Conditions are an agreement (“Agreement”) between you, the User, and the Music Teachers’ Association of California (“MTAC”), including MTAC’s affiliated Branches (“MTAC Branches”), regarding your access and use of the information, publications, images, video-audio recordings, materials, features, products, and services (“Content and Services”) contained in or available through the MTAC website, www.mtac.org (the “Site”). The Site is offered to you for your personal information and educational use only, and is conditioned on your acceptance, without modification, of the terms, conditions, and notices (“Terms and Conditions”) contained herein. MTAC reserves the right to add, delete, modify, or revise the Content and Services and/or to limit any Content and Services, and the quantities of such Content and Services, to any person, geographic area, or jurisdiction, at any time and in MTAC’s sole discretion. Your access or use of the Site constitutes your agreement to all such Terms and Conditions.
Your breach of any of these Terms and Conditions will result in immediate termination of your access and use of the Site and its Content and Services. You warrant to MTAC that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or use it in any manner which could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this Site. MTAC reserves the right, in its sole discretion, to terminate your access to the Site, its Content and Services, or any portion thereof, at any time, without notice.
The Site is directed towards adults. Individuals under the age of 18 are not permitted to use the Site without the consent and supervision of a parent or legal guardian. MTAC does not knowingly permit children under the age of 13 to register for an account, submit personal information to this Site, and does not knowingly collect or solicit personal information from such individuals. If MTAC discovers that a child under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.
You must provide your real name and information. Do not provide any false personal information, or create an account for anyone other than yourself without express permission. Contact information should be accurate and kept up-to-date. You will not share your password or let anyone else access your account, or do anything that might jeopardize the security of your account. You cannot transfer your account to anyone. If you select a username for your account, MTAC reserves the right to remove or reclaim it if MTAC deems appropriate, in its sole discretion.
Site Content and Ownership Rights
All the forms, documents, publications, articles, and any other Contents and Services found on this Site are solely owned by MTAC and protected by copyright law and any other applicable intellectual property rights. The names, trademarks, servicemarks, and logos of MTAC appearing on this Site may not be used in any advertising or publicity, or otherwise, to indicate MTAC’s sponsorship or affiliation with any product or service, unless otherwise expressly permitted by MTAC, such as those permissions includedÂ in the MTAC’s Bylaws. This Site, and any of its Contents and Services, are not for resale. Your use of this Site and its Contents and Services does not entitle you to resell any of its Contents and Services or otherwise attempt to commercially benefit from MTAC’s Content and Services with the express written agreement of MTAC. Your access, visitation, and use of this Site constitutes your acceptance of these Terms and Conditions.
When you make a purchase and confirm a transaction on this Site, you agree to be bound by and pay for that purchase or transaction. Your total price may include taxes, fees, and shipping costs, which you are solely responsible for paying. All sales are final. If you order an item that becomes unavailable before it can be provided to you, you agree that the only remedy is to receive a refund of the price you paid. You may be presented with additional terms and conditions related to a specific purchase before you confirm the transaction, such as shipping terms, and those additional terms will also govern the transaction. MTAC makes no warranties of any kind, express or implied, with respect to any products or services sold on or through this Site. The risk of loss and title for all items purchased in the online store on this Site shall pass to the user upon delivery of the item to the carrier.
Disclaimers, Release and Waiver
MTAC is providing its Content and Services in this Site as a benefit and service in advancement of MTAC’s non-profit, tax-exempt purposes. USERS OF THIS SITE DO SO AT THEIR OWN RISK. MTAC PROVIDES THIS SITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THIS SITE WILL BE SAFE OR SECURE. MTAC AND MTAC’S AFFILIATE BRANCHES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. YOU RELEASE MTAC, MTAC’S AFFILIATE BRANCHES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS OF MTAC AND ITS AFFILIATE BRANCHES, FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA C IVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MTAC AND ITS AFFILIATE BRANCHES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, OR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MTAC OR ITS AFFILIATE BRANCHES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MTAC OR ITS AFFILIATE BRANCHES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, MTAC AND ITS AFFILIATE BRANCHES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Monetary Damages. If despite the release and waiver contained in these Terms and Conditions, an arbitrator determines that a user is entitled to recover any monetary damages against Releasees in contract or tort, the maximum amount shall not exceed the amount of the applicable fee actually paid by user.
If you are using this Site’s Content and Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify MTAC and its affiliates, officers, directors, employees, volunteers, and agents, from any third party’s claim, suit, or action arising from or related to the business’s use of this Site’s Content and Services or violation of these Terms and Conditions, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Third Party Links
This Site is comprised of various webpages operated by MTAC. This Site may contain links to articles, resources, and other businesses on the Internet. Those links are provided as references and aids to help you identify and locate other Internet resources that may be of interest, but are not intended to state or imply that MTAC, or its affiliate Branches, are in any way affiliated or associated with, endorse or support, or are legally authorized to use any third party’s trade name, registered trademark, logo, legal or official seal, or any other copyrighted symbol that may be reflected in the links.
MTAC and its affiliated Branches are not responsible for any loss, injury, claim, liability, or damage related to your use of any third party’s website linked to this Site, whether from errors or omissions in our Content or Services on this Site, or any other linked sites. Your use of this Site and your use of any third party’s website linked to this Site, is at your own risk.
Changes to Terms and Conditions
MTAC reserves the right in its sole discretion to modify, add, change, or delete portions of these Terms and Conditions at any time without advanced notice to you. Any changes will be posted and will indicate the date on which the Terms and Conditions were revised. Your access, visitation, and use of the Site after the changes have been posted constitutes your acceptance of the new or revised Terms and Conditions.
These Terms and Conditions make up the entire agreement between the parties regarding this Site, its Contents and Services. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portions will continue in full force and effect. If MTAC fails to enforce any of these Terms and Conditions, it will not constitute a waiver by MTAC. All of MTAC’s rights and obligations under these Terms and Conditions are freely assignment by MTAC in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms and Conditions shall prevent MTAC from complying with the law. You agree to comply with all applicable laws when using, visiting, or accessing this Site. The laws of the state of California shall apply to this Site and to any disputes arising out of or relating to these Terms and Conditions.
MTAC, its affiliated Branches, and you, agree to arbitrate all disputes and claims between us. You agree that by accessing, using, and visiting this Site, you agree to these Terms and Conditions and are hereby waiving the right to a trial by jury or participate in a class action. This agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive the termination of these Terms and Conditions.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Site or these Terms and Conditions, or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Unless you and MTAC or its affiliated Branches agree otherwise, any arbitration hearings will take place in San Francisco, CA.
Last Modified: June 9, 2012