TERMS OF SERVICE
The Music Teachers’ Association of California® Terms of Service
Last Modified: October 12, 2020
Thank you for you using the website, content, products, and services (“Services”) of the Music Teachers’ Association of California®.
By using our Services, you are agreeing to these Terms of Service. Please read them carefully.
Our Services are diverse, and therefore, additional terms (such as age restrictions or other qualifications) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with MTAC if you use those Services.
Using Our Services
These Terms of Service 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 our Services contained in, or available through, the MTAC website, www.mtac.org (the “Site”). Our Services are offered to you for your personal information and educational use only, and is conditioned on your acceptance, without modification, of the terms contained herein. MTAC reserves the right to add, delete, modify, revise, suspend, limit or restrict our Services to any person, geographic area, or jurisdiction, at any time, and in MTAC’s sole discretion. Your access and/or use of our Services constitutes your agreement to these Terms of Service.
Your breach of any of these Terms of Service will result in immediate termination of your access and use of our Services. You warrant to MTAC that you will not use our Services for any purpose that is unlawful or prohibited by these Terms of Service, or use it in any manner which could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through our Services. MTAC reserves the right, in its sole discretion, to suspend and/or terminate your access to our Services at any time, without notice and without cause.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
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 and password for your account, MTAC reserves the right to remove or reclaim them if MTAC deems appropriate, in its sole discretion.
You must not: (a) use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (b) you must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; (c) you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Services without our express written consent; (d) you must not use the Services to transmit or send unsolicited commercial communications; and (e) you must not use the Services for any purposes related to marketing without our express written consent.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send, or receive content to, or through, our Services, you give MTAC a worldwide license to use, host, store, reproduce, modify, communicate, publish, publicly display and distribute such content, only to the extent such use is necessary in carrying out the MTAC program to which the content was submitted. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Users are prohibited from posting the following content through the Services: (1) profanities and abusive language; (2) content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, violent, pornographic, libelous, or racially, sexually, ethnically, or otherwise objectionable; (3) content that violates a third party’s privacy rights and rights to publicity; and (4) content that violates a third party’s intellectual property rights, including, but not limited to copyrights.
By using our Services or sending e-mail to MTAC, you consent to receive communications from MTAC electronically. MTAC will communicate with you by e-mail or by posting notices on this Site or through our Services. You agree that all agreements, notices, disclosures, and other communications that MTAC provides to you electronically satisfy any legal requirement that such communications be in writing. By using this Site, members consent and agree to receive MTAC news, announcements, and other communications and information electronically.
Site Content and Ownership Rights
All the forms, documents, publications, articles, and any other content, products, 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, service marks, and logos of MTAC appearing on this Site, or in connection with our Services, 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 provided to qualified affiliated Branches or members. Your use of our Services does not entitle you to resell any of our Services or otherwise attempt to commercially benefit from MTAC’s Services without the express written agreement of MTAC. Your access, visitation, and use of this Site constitutes your acceptance of these Terms of Service.
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 our Services 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 CIVIL 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 of Service, an arbitrator determines that a user is entitled to recover any monetary damages against MTAC in contract or tort, the maximum amount shall not exceed the amount of the applicable fee actually paid by the user for use of these Services.
If you are using these 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 these Services or violation of these Terms of Service, 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 Services or on this Site, or any other linked sites. Your use of our 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 of Service at any time without advance notice to you. Any changes will be posted and will indicate the date on which these Terms of Service 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 of Service.
These Terms of Service make up the entire agreement between the parties regarding your use of our Services. If any portion of these Terms of Service is found to be unenforceable, the remaining portions will continue in full force and effect. If MTAC fails to enforce any of these Terms of Service, it will not constitute a waiver by MTAC. All of MTAC’s rights and obligations under these Terms of Service are freely assignable by MTAC in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms of Service shall prevent MTAC from complying with the law. You agree to comply with all applicable laws when using, visiting, or accessing our Services. The laws of the state of California shall apply to our Services and to any disputes arising out of or relating to these Terms of Service.
You and MTAC agree to arbitrate all disputes and claims between us. You agree that by accessing, using, and visiting our Services, you agree to these Terms of Service and are hereby waiving the right to a trial by jury or to 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 of Service.
In the event of any dispute, claim, question, or disagreement arising from or relating to our Services or these Terms of Service, 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. You and MTAC agree that any arbitration hearings will take place in San Francisco, CA.