Ron Savage Music Academy, inc (RSMA)                                                      Terms of Use

 

Equal Opportunity Policy

Ron Savage Music Academy is dedicated to having a team representative of a diverse community. The RSMA is committed to the principle of equal opportunity in the recruitment, selection, and employment of teaching faculty. RSMA does not discriminate against
individuals on the basis of race, creed, color, sex, sexual orientation, gender identity, religion, marital or family status, political belief, age, veteran or military status, ancestry, source of income, national or ethnic origin, or any disability that does not prohibit the performance of essential job functions.

Last updated Dec, 17, 2020

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THE TERMS (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS CONTAINED HEREIN) AND ACCEPT ALL OF THEM. IF YOU DO NOT AGREE TO TERMS OF USE, PRIVACY POLICY,  AND COPYRIGHT YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

1. INTRODUCTION AND GENERAL TERMS

Welcome to ronsavagemusicacadmy.org. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). Term "instructor(s), is interchangeable with "faculty". If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@ronsavagemusicacadmy.org.

These Terms of Use (the “Terms”) are a binding contract between you and RSMA. (“we” and “us”). You must agree to and accept all of the Terms, or you do not have the right to use the Services. You using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Ron Savage Music Academy Privacy Policy.​

Please be advised: these Terms contain provisions that govern how claims that you and Ron Savage Music Academy have against each other can be brought (see below). These provisions will, with no exception, require that you submit claims you have against RSMA to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

Will these terms ever change?
We are constantly trying to improve our Services, so these terms may need to change along with the services. We reserve the right to change the terms at any time, but if we do, we will bring it to your attention by placing a notice on the ronsavagemusicacadmy.org website, by sending you an email and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the services. If you use the services in any way after a change to the terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these terms will be effective unless in writing and signed by both you and us.

What about my privacy?
RSMA takes the privacy of its users very seriously.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 18. We do not knowingly collect or solicit personally identifiable information from children under 18; if you are under 18, please do not attempt to register for the services or send any personal information about yourself to us without the assistance of an adult. If we learn we have collected personal information from a child under the age of 18 and without the assistance of an adult , we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at: support@ronsavagemusicacademy.org.

2. WHAT ARE THE BASICS OF USING RONSAVAGEMUSICACADEMY.ORG (APPLICABLE TO ALL USERS)?

Registration and Security
To use some aspects of the services, you may be required to sign up for an account, and select a password and username (“RSMA User ID”). If you are accessing the services through a third party site or service (such as “Facebook” or “Google”), we may require that your RSMA User ID be the same as your "user name" for such third party site or service. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your RSMA User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You may only create one account with us. If your account has been suspended or terminated, you may not open another account with us. If you access the service through a third party site or service, you will provide your third party account credentials to us, and you are consenting to have the information in those accounts transmitted into your RSMA account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the services and gotten your parent or guardian to agree to these Terms on your behalf via signed documentation). 

Permitted Use
You will only use the services for your own personal use (and not on behalf of or for the benefit of any third party), and only in a manner that complies with all laws, rules (government, school, or otherwise), and regulations (collectively “Applicable Laws”) that apply to you. 

If your use of the services is prohibited by Applicable Laws, then you aren’t authorized to use the services. We can’t and won’t be responsible for your using the services in a way that breaks any Applicable Laws.

Protection of Content
The content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior written consent of the owner of that content or (ii) in a way that violates someone else’s (including Ron Savage Music Academy’s) rights.

Connectivity Costs and Equipment
You are responsible for all service, internet and/or other fees and costs associated with your access to and use of the Services, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all equipment required for such access and use.


Access to Faculty: All faculty are independent contractors who warrants that all resumes, references, and other biographical information provided to RSMA are wholly accurate and complete, and understands that the inclusion of any false, incomplete, or misleading information in these documents is grounds for RSMA immediately ending this Agreement, without any liability. Faculty also allows RSMA to conduct a background investigation of independent Contractor at any time only pertaining to working for Ron Savage Music Academy. The services may include, at our discretion, access to faculty who teach online lessons or provide instructional materials. Faculty are not employees or agents of Ron Savage Music Academy. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. 

What are the rights and obligations specific to my Submissions?
We want you to know the following regarding your Submissions:

  • You are responsible for your submissions. You are fully responsible for all submissions you contribute, in any manner, to the services, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that Ron Savage Music Academy shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your submissions as authorized in these terms. 

  • As between us and you, you are the owner of your submissions. Ron Savage Music Academy does not claim any ownership rights in your Submissions. After submitting submissions to the service, you continue to retain all ownership rights in such submissions, subject to the licenses granted below, and you continue to have the right to use your submissions in any way you choose.

  • Waiver of Personality Rights. You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the submissions, or any portion thereof, as authorized by these terms in connection with the services, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your submissions, or any advertising or publicity relating thereto.

 

Your use of the services is subject to the following additional restrictions:
You are prohibited from uploading or submitting copyright infringing materials (including without limitation copies made without the consent of the copyright owner of testing materials, textbooks, instructor’s solution manuals, test banks, lecture notes, slide presentations, or related copyrighted works, in whole or in part).

You represent, warrant, and agree that you will not contribute any submission that, or otherwise use the services or interact with the services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Ron Savage Music Academy);

  • Violates any applicable Law;

  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  • Jeopardizes the security of your Ron Savage Music Academy account or anyone else’s (such as allowing someone else to log on as you on the services);

  • Attempts, in any manner, to obtain the password, account, or other security information from any other User;

  • Violates the security of any computer network, or cracks any passwords or security encryption codes;

  • Runs mail list, listserv, any form of auto-responder or “spam” on the services, or any processes that run or are activated while you are not logged into the services, or that otherwise interfere with the proper working of the services (including by placing an unreasonable load on the Services’ infrastructure);

  • “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the services or content (through use of manual or automated means);

  • Introduces any viruses, trojan horses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any part of the services;

  • Copies or stores any significant portion of the content; or

  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the services.

 

A violation of any of the foregoing is grounds for termination of your right to use or access the services.

Who is responsible for what I see and do on the services?
Any content publicly posted or privately transmitted through the services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release RSMA from all liability for you having acquired or not acquired content through the services. We cannot guarantee the identity of any Users with whom you interact in using the services and are not responsible for which users gain access to the services.

The services may contain links or connections to third party websites or services that are not owned or controlled by Ron Savage Music Academy. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Ron Savage Music Academy is not responsible for such risks. We encourage you to be aware when you leave the services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Ron Savage Music Academy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the services. In addition, Ron Savage Music Academy will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the services, you release and hold Ron Savage Music Academy harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Ron Savage Music Academy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users on this site, or between users and any third party, you agree that Ron Savage Music Academy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Ron Savage Music Academy, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our services.

3. OTHER IMPORTANT TERMS

No Refunds
All payments are final and no refunds will be issued. Additionally, questions for faculty will not be answered after cancellation of the applicable lesson package and cannot be redeemed for cash. For any billing related questions in regards to payment, please contact: billing@ronsavagemusicacademy.org

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RSMA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO RSMA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold Ron Savage Music Academy , its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the services (including any actions taken by a third party using your account), and (b) your violation of these terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these terms or your rights or obligations hereunder, or your services account, in any way (by operation of law or otherwise) without Ron Savage Music Academy ’s prior written consent. We may transfer, assign, or delegate these terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these terms (whether brought against Ron Savage Music Academy or against any director, officer or employee of Ron Savage Music Academy in their personal capacity) shall be finally settled in Commonwealth of Massachusetts, in English, in accordance with the Arbitration Rules and Procedures of a company chosen by RSMA.  ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND RSMA  ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Commonwealth of Massachusetts.