PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Music 360 Method, LLC (which includes music360method.com) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
- GENERAL RULES.
1.1. This Agreement is between Client (as defined below) and Music 360 Method (“the Company”). This Agreement contains the terms and conditions for, and governs Client’s purchase and ongoing use of related subscription services offered by the Company and subscribed to by Client (the “Services”), as indicated on Client’s Subscription Order Form (the “Subscription Form”) the terms of which are hereby fully incorporated herein and made a part hereof. By subscribing to or using the Services, Client agrees to abide by all of the terms and conditions of this Agreement, as it now exists and as may hereafter be amended.
1.2. “Client” shall mean the individual or entity indicated on the Subscription Form on behalf of itself and all Authorized Users as such term is defined below. Client and the Company are sometimes referred to herein collectively as the “Parties” or individually as a “Party.” Without limiting the foregoing, the term “Client” shall also, as context requires, apply to any person that is accessing the publicly available portions of the website.
1.3. By accessing or using the Services, Client represents that Client is authorized to access and/or use the Services, and that the only individuals within Client’s organization accessing the Services are authorized and permitted to do so (each an “Authorized User”). Client and each Authorized User agrees to abide and be bound by all of the terms and conditions herein.
- MUSIC 360 METHOD CONTENT.
2.1 Scope of Services. The Services within the scope of this Agreement include only access to those Services indicated on the “Service Plan” section of the Subscription Order Form and are provided subject to the terms of this Agreement. Certain other Music 360 Method products and services may not be within the scope of this Agreement and may be governed by separate agreements and terms of service.
2.2 Use Restrictions. Client agrees that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by the Company or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for Client’s internal use and information by the Company and are the property of the Company and/or its third party providers. Client agrees that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials Client provides. Subject to Client’s compliance with these Terms of Use, the Company hereby grants Client and its Authorized Users a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for Client’s internal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other contributors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2.3. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
2.4. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Music 360 Method”, are either the property of, or used with permission by, the Company. The use of Content by Client is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company. The Company respects the copyright, trademark and all other intellectual property rights of others. If Client believes that Client’s intellectual property rights are being violated and/or that any work belonging to Client has been reproduced on the Site or in any Content in any way, Client may notify Company at [email protected]. Please provide Client’s name and contact information, the nature of Client’s work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information Client believes is relevant.
2.5. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
2.6. User Comments. The Services may be presented in such a way as to permit visitors to the website or users of the Services, who may be unaffiliated with the Company, to post or publish comments (“Comments”) with respect to certain published content. Client understands and agrees that with respect to any Comments, the Company and the Services act merely as a passive conduit for any and all communication and/or distribution of information, and the Company does not control the Comments. The Company cannot and will not evaluate, and shall not be responsible for, the accuracy, reliability, completeness, veracity or suitability of any Comments or for verifying the identity of anyone posting a Comment. While the Company will endeavor to monitor Comments on the Services and flag and/or remove Comments which the Company finds unsuitable (as determined in its sole and absolute discretion) the Company shall be under no obligation to do so and shall have no liability to any party for failure to monitor or remove any Comments or User Content. Prior to being granted access to post Comments, individuals may be required to input or provide certain data or information, including (without limitation) their name and/or email address which may be displayed in connection with their Comment; the Company reserves the right to impose any additional restrictions or requirements with respect to Comments in its sole discretion.
2.7. Third-Party Websites. Certain aspects of, or links contained on, the Services may link to websites or services operated by parties other than, and unaffiliated with, the Company. Such links are provided for Client’s convenience only. The Company does not control such third-party websites and is not responsible for any content thereon, including with respect to any comments posted on such third-party websites. The Company’s inclusion of links to such third-party websites does not amount to or imply any endorsement or warranty of the material on such sites or any association with their owners or operators. Client agrees that the Company is not responsible for any such third-party websites and services or any content thereon and agrees to hold the Company harmless from any and all claims or liability arising from Client’s use of such third-party websites or services. Any concerns or questions related to third-party websites should be directed to the webmaster or other appropriate contact person for such third party.
- SUBSCRIPTION AND PAYMENT TERMS; TERMINATION.
3.1.1. Subscription Terms Acceptance via Website. The terms and conditions of this Agreement are deemed accepted by Client upon completing the online checkout process and remitting payment to Company through the third-party payment processor (i.e. PayPal, Stripe, etc.) for the Service Plan selected by Client during the online checkout process. After the 14-Day Money-Back Guarantee period has passed, the Annual Subscription Fee is non-refundable.
3.1.2. Monthly Payment Option is Also an Annual Commitment Term. As stated on the Pricing section of our website and on the checkout page, our monthly payment option is also an annual commitment; therefore the Cancel Subscription button in the Client’s My Account area will only be activated 7 days prior to the 1-year Anniversary of the initial purchase. Client agrees to a minimum 12-month subscription term, whether Client selected the Single Annual Payment, or the 12 Monthly Payments option at checkout.
3.1.3. Subscription Terms Acceptance via Subscription Order Form. The terms and conditions of this Agreement are expressly incorporated into and made a part of each of Client’s Subscription Order Form which sets forth payment terms, the subscription terms, and a description of the Service Plans to which Client has subscribed. Client hereby agrees to pay the Annual Subscription Fee for the Service Plans as invoiced after receipt by the Company of a signed Subscription Order Form, failure of which shall be a breach of this Agreement that may result in suspension or termination of Client’s access to Services. After the 14-Day Money-Back Guarantee period has passed, the Annual Subscription Fee is non-refundable.
3.2.1 Subscription Renewal Notice. Seven days prior to Subscription Renewal (both annual and monthly), the Site sends out an automated notification about the upcoming scheduled Subscription Payment. In the event that Client chooses to cancel their Subscription, Client may notify Company at any point during the Subscription Term, and the account will be placed On Hold, so that no future charges will be incurred. Client’s account will remain active with full access, until the Term of the Subscription expires.
3.2.2 Failure to Notify Prior To Annual Renewal Date. In the event that Client fails to notify Company of their intent to cancel an ANNUAL Subscription prior to the Subscription renewal date, and the annual payment has been processed, Company will refund the Subscription fee minus a 3% Credit Card processing fee (charged to Company by a payment processing service). Such refund is only available as a result of communication received within 14 days after the Subscription renewal date. If client fails to contact company in the 14-day grace period after the Subscription renewal date, Company will be unable to offer a refund.
3.2.3 Failure to Notify Prior To Monthly Renewal Date. In the event that Client fails to notify Company of their intent to cancel a MONTHLY Subscription prior to the Subscription renewal date, and the monthly payment has been processed, Client may cancel any future charges (after the initial 12-month commitment detailed in 3.1.2 has been met), but no refund for the current month will be issued. The account will be placed On Hold, so that no future charges will be incurred. Client’s account will remain active with full access, until the Term of the current month’s Subscription expires.
3.3. Purchase Orders. If Client issues a purchase order or other similar document relating to payment for Client’s subscription to the Services, Client agrees that such purchase order or other similar document, and any terms related to registration on Client’s procurement site for purposes thereof, shall be for Client’s internal purposes, (i.e., administrative convenience) only and shall not modify or affect any of the terms or conditions of the Agreement between Client and the Company relating to the Services.
3.4. Breach. Client’s breach of any obligations under this Agreement may result in immediate termination of this Agreement and immediate suspension or termination of Client’s access to the Services; provided that with respect to any non-monetary, curable breach, the Company will use commercially reasonable efforts to notify Client of, and grant Client the opportunity to cure such breach, although it shall be under no obligation to do so. In the event of such breach, Client shall remain liable for, and the Company shall not be obligated to refund or credit, any fees incurred for the full contract term as set forth in the Subscription Order Form. Without limiting the foregoing, Client acknowledges and agrees that any action in violation of the Use Restrictions shall be an incurable breach of this Agreement.
3.5. Rights Regarding Section Reorganization and Website Reconfiguration. Client agrees and acknowledges that the Company reserves the right, in its sole and absolute discretion, to amend, alter, reorganize, reconfigure or otherwise change the interface, sections (and names of sections) on the site (any such change, a “Section Reorganization”), provided that any such Section Reorganization shall not materially degrade the Client’s access to information or services that are substantially similar to the Services for which Client subscribed pursuant to the Subscription Order Form.
- REGISTRATION, SECURITY, AND PRIVACY.
4.1. When Client registers with the Company and/or this Site, Client expressly consents to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. Client consents to receive notices electronically by way of transmitting the notice to Client by email.
4.2. If Client sends comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to Client.
4.3. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. Client acknowledges that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files Client stores using the Site. Use of the Site is completely at Client’s own risk.
4.4. The Company will not intentionally disclose any personally identifying information about Client to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, Client signifies its acceptance of the Company’s Privacy Policy. If Client does not agree with this Privacy Policy, in whole or part, please do not use this Site.
4.5. Client hereby agrees to maintain as confidential and not disclose any username or password to any person not within the scope of Client’s Subscription Terms, subject to the terms of this Agreement and as indicated on Client’s Subscription Order Form. The Company may change Client’s password at any time, provided that the Company shall provide Client with written notice of such change prior to, or as soon as reasonably practicable after, such change.
4.6. Client hereby acknowledges that by entering their mobile phone number in their User Profile, they agree to receive personal and/or automated SMS communication from Music 360 Method. Consent is not a condition of maintaining an active account with The Company. Message frequency will vary and you will be provided the option to OPT OUT at any point. Message and data rates may apply.
- REPRESENTATIONS AND WARRANTIES.
5.1. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT CLIENT WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. CLIENT ASSUMES ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN CLIENT AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to Client.
5.2. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD PARTY-SERVICE PROVIDER (including, for example, Client’s web service provider service, payment services, Client’s software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN CLIENT AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT CLIENT’S USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE CLIENT’S ACCOUNT SHOULD THE COMPANY DETERMINE THAT CLIENT HAS VIOLATED THESE TERMS OF USE, OR THAT CLIENT HAS VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND FOURTEEN (14) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
5.3. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
5.4. Client agrees to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) Client’s breach of this Agreement, (ii) any violation by Client of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that Client posts or shares on or through the Site, (iv) Client’s use of the Site or any services that the Company may provide via the Site, and (v) Client’s conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, Client shall provide the Company with such cooperation as is reasonably requested by the Company.
- MISCELLANEOUS.
6.1. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6.2. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Client further submits to the exclusive jurisdiction of the state and federal courts sitting in Dallas County, Texas. This Agreement is understood to be clear and enforceable as written. Nevertheless, should Client later claim any provision is unclear, unenforceable, overbroad or is inapplicable, or if Client intends to make any claim whatsoever against Company, Client must notify Company, in writing, of Client’s full and complete position at least thirty (30) calendar days before engaging in such activity and/or filing any lawsuit or demand for arbitration. During the thirty-day period, Company and Client must meet, in good faith, to discuss resolution of the claim or issue. A mediator of Company’s choice may be hired, at Company’s expense, to facilitate the discussion. If Client fails to comply with this conflict resolution provision, Client waives his right to challenge the enforceability of the Agreement.
6.3. These Terms of Use may be revised from time to time by updating this posting. Client is bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which Client is bound.
6.4. Please also review the Online Privacy Policy which also governs use of the Site.
Last Updated: December 18, 2023
