TERMS OF USE 

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT  SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF  THE MUSIC LOFT ACADEMY SERVICES. WHEN YOU CREATE A MUSIC LOFT  ACADEMY ACCOUNT OR USE THE MUSIC LOFT ACADEMY, YOU AGREE TO THE  TERMS AND CONDITIONS AS STATED HEREIN. 

This is the official Terms of Service and License Agreement (the “Agreement”) for The Music  Loft Academy LLC’s (hereafter, “The Music Loft Academy, “we” or “us”) website and software modules (collectively, the “Service(s)”, “Website”, or “Web Service”).  

The Music Loft Academy’s website, located at themusicloftacademy.com (the “Site”) is comprised  of various web pages operated by The Music Loft Academy, LLC. Use of  themusicloftacademy.com and related services is offered to you conditioned on your acceptance  without modification of the terms, conditions, and notices contained herein (the “Terms”). 

Please read this Agreement carefully because it explains your rights and responsibilities. By using the Service and/or visiting the Website, you agree to be bound by all the Terms and  conditions contained in this Agreement. 

You agree as follows: 

This Agreement constitutes legally binding Terms and applies to such use of The Music Loft  Academy Services regardless of the type of device used to access them unless such services post  a different term of use or end user license agreement, in which case that agreement shall govern.  By accessing and/or using any of The Music Loft Academy Services, you agree to be bound by  this Agreement (or if applicable, the Other Terms), whether you are a “Visitor” (which means  that you simply browse The Music Loft Academy Services, including, without limitation,  through a mobile or other wireless Device, or otherwise use The Music Loft Academy Services without being registered) or you are a “Member” (which means that you have registered with  The Music Loft Academy). The term “User” refers to a Visitor or a Member. You are authorized  to use The Music Loft Academy Services (regardless of whether your access or use is intended)  only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and  the Terms of this Agreement. In addition, in consideration for becoming a Member and/or  making use of The Music Loft Academy Services, you must indicate your acceptance of this  Agreement during the registration process. Thereafter, you may create your account in  accordance with the Terms herein. 

In some instances, both this Agreement and separate guidelines, rules, or Terms of Service or  additional or different terms and/or conditions will apply to your use of The Music Loft  Academy Services or to a service or product offered via The Music Loft Academy Services (in  each such instance, and collectively, “Additional Terms”). To the extent there is a conflict 

between this Agreement and any Additional Terms, the Additional Terms will control unless the  Additional Terms expressly state otherwise. Please review the Terms of The Music Loft  Academy Services, Privacy Policy, and Cookie Policy, which you accept by using The Music  Loft Academy Services. 

SERVICES OFFERED 

The service offered by The Music Loft Academy includes all of The Music Loft Academy products, features, applications, Services, technologies, and software that we provide to advance  The Music Loft Academy’s Mission – Which is to provide excellence in online music and arts  education. 

The Service includes, but is not limited to: 

Information on Private and Group Music Instruction 

Links to View Upcoming Classes 

Management of Payments 

Contact Portals 

Class and Event Registration Portals 

Links to Reschedule or Cancel Lessons 

Online Live and Recorded Streaming 

Group Chats 

Group Conversations  

Paid Ads 

AUTHORITY OF USER 

The person or entity agreeing to this Agreement does so on behalf of him or herself, or his or her  family. The forementioned will be collectively referred to as “you” or “User” herein. If signing on  behalf of a minor, the signer hereto represents and warrants his or her authority to legally bind his  or her child or dependent to the Terms of this Agreement. If the signer has no such authority, then  he or she must not sign this Agreement and is prohibited from using the Services until an  authorized signer has signed this Agreement on behalf of the minor and other users. 

YOU AGREE THAT THESE TERMS AND CONDITIONS ARE LIKE ANY WRITTEN  CONTRACT NEGOTIATED AND SIGNED BY YOU AND THAT THESE TERMS AND  CONDITIONS ARE ENFORCEABLE AGAINST YOU, YOUR BUSINESS, ANY OTHER  USER OF THE SERVICES. IN ACCORDANCE WITH OUR PRIVACY POLICY, WE WILL  COLLECT INFORMATION ABOUT THE PERSON THAT ACCEPTS THIS AGREEMENT. 

CHANGES TO THE AGREEMENT 

The Music Loft Academy reserves the right, in our sole discretion, to revise the Terms of this  Agreement at any time. Once posted on the Website, these changes become effective  immediately, and your use of this Website following such changes constitutes your agreement to  be bound by the revisions. The revisions will not be retroactive, and unless so stated, the most 

current version of the Terms will govern our relationship with you. Although we may attempt to  notify you when material changes are made to this Agreement, it is your responsibility to  periodically review the most up-to-date version to make sure you are aware of the most current  Terms and conditions applicable to your use of the Service. If you do not agree to these or any  updated Terms, you may delete your account and discontinue use of the Service. 

ELECTRONIC COMMUNICATIONS 

Visiting themusicloft.com, or sending emails to The Music Loft Academy, constitutes electronic  communications. You consent to receive electronic communications, and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on this Site, satisfy any legal requirement that such communications be in writing. 

ELIGIBILITY 

Use of The Music Loft Academy Services is subject to eligibility requirements. If you have not  reached the age of majority, your parent or guardian must consent to your use. 

The Music Loft Academy collects personally identifiable information on children, including  those under the age of thirteen. We collect this information so that we can determine if lessons  are appropriate for the student and prepare accordingly. 

Use of The Music Loft Academy Services and registration to be a Member for The Music Loft  Academy Services (“Membership”) is void where prohibited and subject to compliance with  applicable law, this Agreement, and any applicable Additional Terms. By using The Music Loft  Academy Services, you represent and warrant that (a) unless as otherwise stated, all registration  information you submit is truthful and accurate; (b) you will maintain the accuracy of such  information; (c) if you are under the age of thirteen, you will only use The Music Loft Academy Services with parental or legal guardian consent (following their review of this Agreement); (d)  if you are under the age of eighteen, you will use The Music Loft Academy Services only with  permission of a parent or guardian; and (e) your use of The Music Loft Academy does not  violate any applicable law. You may not create an account for anyone other than yourself  without the other person’s permission. Your account will be deleted, and your membership may  be terminated without warning if we believe that you have misrepresented your age or identity to  us in a manner that violates this Agreement or is unlawful.  

PASSWORD 

When you sign up to become a Member, you will be asked to choose a password. You are  entirely responsible for maintaining the confidentiality of your password. You agree not to use  the Account, username, email address or password of another Member at any time or to disclose  your password to any third party. You agree to notify The Music Loft Academy immediately if  you suspect any unauthorized use of your Account or access to your password. You are solely  responsible for any and all use of your Account. You may not assign or otherwise transfer your  Account to any other person or entity. You acknowledge that The Music Loft Academy is not  responsible for third party access to your Account that results from theft or misappropriation of 

your Account. The Music Loft Academy and its associates reserve the right to refuse or cancel  service, terminate accounts, or remove or edit content in our sole discretion. 

LIMITED LICENSES 

The Music Loft Academy grants you a non-exclusive, non-assignable, non-transferable,  revocable, limited license to access and use the Services according to the provisions herein (the  “Limited License”). The Music Loft Academy reserves all rights not expressly granted to you. Title and full ownership rights in and to the Services shall at all times remain with The Music  Loft Academy. You understand that the Services are comprised of proprietary information and  trade secrets of The Music Loft Academy, whether or not any portion thereof is or may be  validly copyrighted, patented, or trademarked under applicable law. The Terms of this  Agreement will govern any software upgrades provided by The Music Loft Academy that  replace and/or supplement the original Services or products, unless such upgrade is accompanied  by a separate license (such license must be contained in a signed writing to be valid) in which  case the terms of that license will govern.. 

As a condition of your use, you warrant to The Music Loft Academy that you will not use the  Site for any purpose that is unlawful or prohibited by these Terms or by law. You may not use  The Music Loft Academy Services in any manner which could damage, disable, overburden, or  impair the Site or interfere with any other party’s use and enjoyment of The Music Loft  Academy Services. You may not obtain or attempt to obtain any materials or information  through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of The Music Loft  Academy or its suppliers, and protected by copyright and other laws that protect intellectual  property and proprietary rights. You agree to observe and abide by all copyright and other  proprietary notices, legends or other restrictions contained in any such content and to not make  any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any manner exploit any of The Music Loft Academy’s content, in whole  or in part, as found on its Site or submitted in any materials provided by it. 

No content provided by The Music Loft Academy is for resale. Your use of the Site does not  entitle you to make any unauthorized use of any protected content, and in particular, you will not  delete or alter any proprietary rights or attribution notices of any content. You will use protected  content solely for your personal use, and will make no other use of the content made available to  you without the express written permission of The Music Loft Academy and the applicable  copyright owner. You agree that you shall not acquire any ownership rights in any protected  content of The Music Loft Academy. We do not grant you any licenses, either expressed or  implied, to the intellectual property of The Music Loft Academy or our licensors, except as  expressly authorized by these Terms.

SOFTWARE END USER LICENSE AGREEMENT 

When you use the Software associated with The Music Loft Academy Services, you agree to  certain Terms and conditions. The Music Loft Academy may offer The Music Loft Academy Services via software applications designed to run on specific operating systems, including,  without limitation, mobile operating systems (including any updates and upgrades thereto, the  “Software”). The Software is The Music Loft Academy’s content. Subject to the Terms of this  Agreement, The Music Loft Academy grants you a limited, non-exclusive, non-sublicensable license to use the Software solely to access The Music Loft Academy Services. You are not  authorized to use the Software in any other manner. 

INTERNATIONAL USERS 

The Music Loft Academy Services is controlled, operated and administered by The Music Loft  Academy from offices located withing the United States of America. To the extent that you  access the Services from a location outside of the United States, you are responsible for  compliance with all local laws and regulations. You agree that you will not use The Music Loft  Academy Services’ content accessed through themusicloftacademy.com in any country or in any  manner prohibited by any applicable laws, restrictions or regulations. 

USE AND RESTRICTIONS 

This Agreement and any Additional Terms include only narrow limited grants of rights to The  Music Loft Academy content and to use and access The Music Loft Academy Services. No right  or license may be construed under any legal theory, by implication, estoppel, industry custom, or  otherwise. All rights not expressly granted to you are reserved by The Music Loft Academy. Any  goodwill that is created in connection with your use of The Music Loft Academy content or The Music Loft Academy Services inures to The Music Loft Academy. Any unauthorized use of any  The Music Loft Academy content or The Music Loft Academy Services for any purpose is  prohibited. 

You agree that you will not work around any technical limitations in the software provided to  you as part of the Services, or reverse engineer, decompile, or disassemble the software, except  and only to the extent that applicable law expressly permits. You may not do any of the  following while assessing or using the Services; (i) access, tamper with, or use non-public areas  of the Services, The Music Loft Academy computer systems, or the technical Delivery Systems  of The Music Loft Academy providers; (ii) probe, scan, or test the vulnerability of any system or  network or breach or circumvent any security or authentication measures; (iii) access or search  or attempt to access or search the Services by any means ( automated or otherwise) other than  through our currently available, publish interfaces that are provided by The Music Loft Academy ( and only pursuant to the applicable Terms and conditions) unless you have been specifically  allowed to do so in a separate agreement with The Music Loft Academy; (iv) forge anyTCP/IP  packet header or any part of the header information and any email or posting, or in any way use  the Services to send altered, deceptive, or false Source identifying information; or (v) interfere  with, or disrupt ( or attempt to do so), the access of any user, host or network, including without  limitation, sending a virus, overloading, flooding, spamming, mail bombing the Services, or by 

scripting the creation of Content in such a manner as to interfere with or create an undue burden  on the Services. We also reserve the right to access, read, preserve, and disclose any information  as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process  or government request, (ii) enforce the Terms, including investigation of potential violations here  of, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to  user support request, or (v) protect the rights, property or safety of The Music Loft Academy,  it’s users and the public. The Music Loft Academy does not disclose personally identifying  information to third parties except in accordance with our Privacy Policy. 

The Music Loft Academy Services are protected by copyright, trademark, and other laws of both  the United States and other countries. Nothing in the Terms give you a right to use The Music  Loft Academy’s name or any of The Music Loft Academy’s trademarks, logos, domain names,  other distinctive brand features, and other proprietary rights. All rights, title, and interest in and  to the Services are and will remain the exclusive property of The Music Loft Academy.  Any feedback, comments, or suggestions you may provide regarding The Music Loft  Academy, or the Services, is entirely voluntary and we are free to use such feedback, comment or suggestions as we see fit and without any obligation to you. 

PERMISSIONS 

By your use of The Music Loft Academy Services, you grant to us a non-exclusive and perpetual  license to access and use the User Data entered or uploaded into the Website in connection with  providing the Services. You agree that The Music Loft Academy may use and disclose User Data  (excluding social security numbers, bank account or credit union account numbers, and login and  password information for financial institutions) for internal and third-party marketing and  advertising purposes, including with The Music Loft Academy’s affiliates and with businesses  with which The Music Loft Academy engages in joint marketing activities. 

By using The Music Loft Academy, you agree that we can download and install updates to the  Service on your device. 

If you select a username or similar identifier for your account, we may change it if we believe it  is appropriate or necessary. For example, if it infringes someone’s intellectual property or  impersonates another user. 

USE OF DATA 

User agrees that The Music Loft Academy and its affiliates may collect and use technical and  related information, including but not limited to technical information about your computer,  system and application software, and peripherals, that is gathered periodically to facilitate the  provision of software updates, product support and other Services to User (if any) related to the  Service and to verify compliance with the Terms of this Agreement. The Music Loft Academy may use this information, as long as it is in a form that does not personally identify Users, to  improve our products or to provide Services or technologies to Users.

User agrees that User Data can be used in accordance with The Music Loft Academy’s Privacy  Policy. 

USER RESPONSIBILITIES 

• You agree to comply with all applicable local, state, national and international laws and regulations while using the Website and related Services.
• You agree that you will not use the Services for any purpose that is unlawful or that is prohibited by this Agreement.
• You agree not to violate or attempt to violate the security of the Website and any related Services, and you agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other person’s use of the Website. 
• You agree that you are authorized to enter and use the personal information you enter or upload onto the Website. You agree to indemnify, defend, and hold us harmless in the event that you do not have authorization to use the information entered or uploaded into  the Website, or in the event personal information entered or uploaded by you is or  becomes the subject of a data breach due to your failure to use the Services with due care. 
• You agree not to take any steps to avoid, study, duplicate, or defeat the security measures associated and incorporated with the Service.
• You agree not to access data not intended to be accessed by you or log into an account that you are not allowed to access.
• You agree not to attempt to interfere with the Service to any user via the means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing or similar destructive actions. 
• You agree not to delete any data (except your own User Data) without The Music Loft Academy’s authorization.
• You understand and expressly acknowledge that security risks are an inherent risk of doing business on the internet. In particular, third parties may unlawfully intercept or access your private communications on the Website. Although The Music Loft Academy takes measures to secure its Website, User acknowledges that The Music Loft Academy does not warrant or represent that information communicated to or from The Music Loft  Academy on its Website will be free from tampering, interception, interference or  destruction by third parties. 
• You agree to provide us, and keep current, a valid email address. If any email is returned to us as undeliverable, you agree that we may (but are not required to) deliver such communication in paper form to the most recent mailing address you have provided for  your account. 
• You agree not to use the Services or any portion thereof to build or enhance any database in any form for resale or redistribution.
• You agree not to provide Services, or any portion thereof, in any form to any other person without the prior written approval of The Music Loft Academy.
• You agree not to reverse engineer, decompile, translate, disassemble, or otherwise attempt to discover the source code associated with the Website.
• You agree not to use automated systems or software to extract data from the Website (‘screen scraping’) unless you have a signed written agreement with The Music Loft Academy allowing it.
• You agree not to impersonate others or provide inaccurate information. You agree not to create an account for someone else’s use unless you have their express permission. • You agree not to interfere with or impair the intended operation of the Services.

INTELLECTUAL PROPERTY RIGHTS 

User acknowledges that The Music Loft Academy’s modules, related software and operating  systems constitute a valuable trade secret of a proprietary nature; and that The Music Loft  Academy has the exclusive and absolute right to have same patented, copyrighted and/or  otherwise protected against infringement. Users are prohibited from making or distributing any  copies of the Website or any part thereof. User may obtain access to various programs and other  information which are proprietary trade secrets of The Music Loft Academy or its vendors; and,  with respect thereto, User agrees to refrain from seeking or obtaining any such access. If any  such access is obtained (whether intentionally or not), the User shall respect the proprietary trade  secret nature thereof in every manner and will promptly notify The Music Loft Academy that  access has been obtained. User will, thereafter, take such action as The Music Loft Academy may specify to remedy same. User hereby indemnifies and agrees to protect, defend, save and  hold The Music Loft Academy harmless from and against all claims, losses, damages, liabilities  and expenses (including attorneys’ fees) that are incurred by or asserted against The Music Loft  Academy, arising out of User’s access to such proprietary software and other information. User  further agrees to abide by such reasonable rules and procedures as The Music Loft Academy may establish from time to time to protect its Services. 

DISPUTES 

Except as provided below, you and we agree that any cause of action, legal claim or dispute  between you and us arising out of or related to these Terms (“Claims”) must be resolved by  arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and  we may bring a Claim only on your own behalf and cannot seek relief that would affect other  The Music Loft Academy Users. If there is a final judicial determination that any particular  Claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s  limitation, then only that Claim ( or request for relief) is excluded from this provision. 

In addition to the use of arbitration, you or we can bring Claims in your or our local ” small  claims” court, if the rules of that court allow. If you do not bring your Claims in small claims (or  if you or we appeal a small claims court judgment to a court of general jurisdiction), then the  Claims must be resolved by binding, individual arbitration. The American Arbitration  Association will administer all arbitrations under its Consumer Arbitration Rules. You and we  expressly waive a trial by jury. Despite the above, the following Claims do not have to be  arbitrated and may be brought in court: disputes related to intellectual property, violations of our  Platform Policy, or efforts to interfere with the Service or engage with the Service in  unauthorized ways. Claims relating to the scope and enforceability of the arbitration provision  are also for a court to decide. 

This arbitration provision is governed by the federal arbitration act. You can opt out of this  provision within 30 days of the date that you agree to these Terms. To opt out, you must provide

your name, residence address, username, email address or phone number you use for your The  Music Loft Academy Account, and a clear statement that you want to opt out of this arbitration  agreement. 

Before you commence arbitration of a Claim, you must provide us with a written Notice of  Dispute that includes your name, residence address, username, email address or phone number  you use for your The Music Loft Academy account, a detailed description of the dispute, and the  relief you seek. Any Notice of Dispute must be mailed to inquiries@themusicloftacademy.com.  Before we commence arbitration, we will send you a Notice of Dispute to the email address you  use with your The Music Loft Academy Account, or other appropriate means. If we are unable to  resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may  commence arbitration. 

Fees for the filing of any Claim shall be borne by the party responsible for payment. 

For any Claim that is not arbitrated or resolved in small claims court, you agree that it will be  resolved exclusively in the U.S. District Court for the Eastern District of Virginia or a state court  located in Fairfax County, Virginia. You also agree to submit to the personal jurisdiction of  either of these courts for the purpose of litigating any such Claim. 

The laws of the Commonwealth of Virginia, to the extent not preempted by or inconsistent with  federal law, will govern these Terms and any Claim, without regard to conflict of law provisions. 

RESTRICTED ACCESS AND TERMINATION 

In the event that there is a breach of this Agreement, or if, in the sole belief of The Music Loft  Academy, the security, confidentiality or integrity of the Website or any part thereof is  jeopardized, then The Music Loft Academy may take any action it deems appropriate, including,  but not limited to, immediately revoking the rights of the Member or any Authorized User to use  the User’s account, until such time as The Music Loft Academy is satisfied that such security,  confidentiality or integrity of the Website is no longer threatened.  

Notwithstanding the above, The Music Loft Academy reserves the right, in its sole discretion, to  terminate a Member’s access to the Site and the related Services or any portion thereof at any  time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect  to all provisions of these Terms, including, without limitation, this Section. 

NO JOINT VENTURE 

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and The Music Loft Academy as a result of this Agreement or use of the Site. The Music  Loft Academy’s performance of this Agreement is subject to existing laws and legal process, and  nothing contained in this Agreement is in derogation of The Music Loft Academy’s right to  comply with governmental, court and law enforcement requests or requirements relating to your  use of the Site or information provided to or gathered by The Music Loft Academy with respect  to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant 

to applicable law including, but not limited to, the warranty disclaimers and liability limitations  set forth above, then the invalid or unenforceable provision shall be superseded by a valid,  enforceable provision that most closely matches the intent of the original provision and the  remainder of the Agreement shall continue in effect. 

PRIVACY POLICY 

Providing our Services requires collecting and using your information. Our Privacy Policy  explains how we collect, use, and share information across our platform. It also explains the  many ways you can control your information, including by way of the privacy and security  settings you choose. 

WARRANTY DISCLAIMER  

Your access to and use of the Services or any Content are at your own risk. You understand and  agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The  Music Loft Academy makes no warranty or representation and disclaims all responsibility and  liability for (i) the completeness, accuracy, availability, timeliness, security or reliability of the  Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that  results from your access to or use of the Services or any Content; (iii) the deletion of, or the  failure to store or to transmit, any Content and other Communications maintained by the  Services; and (iv) whether the Services will meet your requirements or be available on an  uninterrupted, secure, virus-free or error-free basis. No advice or information, whether oral or  written, obtained from The Music Loft Academy or through the Services, will create any  warranty or representation not expressly made herein. 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE MUSIC LOFT ACADEMY, ITS  AFFILIATES, AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES,  EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED  WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR  PURPOSE, ACCURACY AND TITLE, WARRANTIES AGAINST INFRINGEMENT AND  THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE,  AND THOSE ARISING BY STATUE OR OTHERWISE IN LAW. 

THE MUSIC LOFT ACADEMY DOES NOT WARRANT OR ENDORSE AND DOES NOT  ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY  THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS,  PRODUCTS, OR SERVICES OF THIRD PARTIES. 

No oral or written information given by The Music Loft Academy, its agents, or employees shall  create any additional warranty. No modification or addition to this warranty disclaimer is  authorized unless is set forth in writing, references this Agreement, and is signed on behalf of  The Music Loft Academy by a corporate officer. 

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUSIC LOFT  ACADEMY SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, OR ANY  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR  ANY LOSS OR PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR  INDIRECTLY, OR ANY LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER  COMMERCIAL DAMAGES OR LOSSES, USE, GOODWILL, OR OTHER INTANGIBLE  LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO  ACCESS OR USE THE WEBSITE AND SERVICES HOWEVER CAUSED; (ii) ANY  CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING  WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT  OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE  SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR  TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY  OF THE MUSIC LOFT ACADEMY EXCEED THE GREATER OF ONE HUNDRED U.S.  DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO THE MUSIC LOFT  ACADEMY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO  THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY  THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE,  TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE  MUSIC LOFT ACADEMY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH  DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE  FAILED OF ITS ESSENTIAL PURPOSE. 

INDEMNITY AND WAIVER OF INJUNCTIVE RELIEF 

You agree to indemnify and hold The Music Loft Academy harmless from any types of Claims  and/or losses that arise out of your use of The Music Loft Academy Services. You waive the  right to seek injunctive or equitable relief, but acknowledge that we may seek such relief as  reasonably necessary. 

WIRELESS 

Any wireless carrier charges that you incur as well as location-based Services you enable, are at  your own risk. 

OTHER SERVICES 

Certain Services may include materials from third parties or links to certain third-party websites.  These third party services or provided links are not under the control of The Music Loft  Academy and The Music Loft Academy is not responsible for the contents of the Linked Sites,  including without limitation, any link contained in a Linked Site, or any changes or updates to a  Linked Site. 

User acknowledges and agrees that The Music Loft Academy is not responsible for examining or  evaluating the Content or accuracy of any such third-party material or websites. The Music Loft  Academy does not warrant or endorse, and does not assume and will not have any liability 

or responsibility for any third-party materials or websites, or for any other materials,  products, or services of third parties. Links to other websites are provided solely as a  convenience to the User. The User agrees that User will not use any third-party materials in a  manner that would infringe or violate the rights of any other party, and that The Music Loft  Academy is not in any way responsible for any such use by User. 

By using any product, service or functionality originating from The Music Loft Academy’s  domain, you hereby acknowledge and consent that The Music Loft Academy may share such  information and data with any third party with whom The Music Loft Academy has a contractual  relationship to provide the requested product, service or functionality on behalf of The Music  Loft Academy’s users and customers. 

CONTROLLING LAW AND SEVERABILITY 

This Agreement will be governed by and construed in accordance with the laws of the  Commonwealth of Virginia. This Agreement shall not be governed by the United Nations  Convention on Contracts for the International Sale of Goods, the application of which is  expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or  portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force  and effect. 

COMPLETE AGREEMENT; GOVERNING LANGUAGE 

This Agreement constitutes the entire agreement between the parties with respect to the use of  the Services licensed hereunder and supersedes all prior or contemporaneous understandings  regarding such subject matter, with the exception of any Additional Terms and conditions agreed  upon in a signed writing by the parties regarding the pricing and term of Services. No  amendment to or modification of this Agreement will be binding unless in writing and signed by  The Music Loft Academy. Any translation of this Agreement is done for local requirements and  in the event of a dispute between the English and any non-English versions, the English version  of this Agreement shall govern. 

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining  provisions of these Terms will remain in full force and effect. The Music Loft Academy’s failure  to enforce any right or provision of these Terms will not be deemed a waiver of such right or  provision. 

If a User is a federal, state, or local government entity in the United States using the Services in  their official capacity and legally unable to accept the controlling law, jurisdiction or venue  Clauses above, then those limited Clauses shall not apply. For such U.S. federal government  entities, these Terms and any action related thereto will be governed by the laws of the United  States of America ( without reference to conflict of laws) and, in the absence of federal law, and  to the extent permitted under Federal law, the laws of the Commonwealth of Virginia (excluding  choice of law).

We reserve all rights not expressly granted herein.