The Marketed Musician, LLC Legal Information

The Marketed Musician, LLC

Website Terms and Conditions

Last Updated June 25, 2016

 

Thank you for using this website and/or for purchasing products and/or services from The Marketed Musician, LLC. By visiting TheMarketedMusician.com and/or if you purchase a product and/or service from this site, you are consenting to the following Terms and Conditions, in addition to our Disclaimer and Privacy Policy. If you do not wish to be bound by these Terms and Conditions, Disclaimer and Privacy Policy, please do not use this website.

 

INTRODUCTION

By using TheMarketedMusician.com, also referred to as this “Site,” or enrolling in The Marketed Musician Studio (“Service”), all visitors, referred to as “user,” “you” and “your” are bound by these Terms and Conditions. The terms “we,” “us” and “our” refer to The Marketed Musician, LLC (“Company”). Accessing this Site or Service constitutes a use of the Site and an acceptance to the Terms and Conditions provided herein.

 

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. By accessing or using this Site, you accept and agree to be bound by these Terms and Conditions without modification and acknowledge reading them.

 

We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

 

USE OF THIS SITE

You may use the Site for lawful purposes only. You shall not post or transmit through the Site or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes or instructions, which encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

INTELLECTUAL PROPERTY

Unless otherwise stated, copyright of all text, photography, videos, graphics, training courses, other files and the design and layout found on this Site and Service belongs solely to the Company.

 

You may not reproduce or redistribute the text, photography, videos, graphics, training courses, other files and the design and layout found on this Site without the express written permission of the Company. Furthermore, the Site contains intellectual property owned by The Marketed Musician, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as The Marketed Musician, LLC name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. The content of this Site may change at any time, without notice.

 

We reserve the right to immediately remove you from the Site and products or services offered, without refund, if you are caught violating this intellectual property policy.

 

COMMERCE

The Site may offer goods or services (“product”) for sale on behalf of the Company. By placing an order through the Site, you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability. Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which the Company will not be responsible. In order to contract with the Company through the Site, you must be over 18 years of age and possess either an account with Stripe or a valid credit or debit card issued by a bank acceptable to us. The Company and Site retain the right to refuse any request made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Stripe account or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the service(s) and/or product(s). All prices advertised are subject to such changes. Prior to placing any order you, will be asked to accept these Terms and Conditions. A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the terms and conditions and tendered your payment. While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE AVAILABLE. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment. Upon receiving your order, we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed, your order will be fulfilled.

 

Before enrolling in The Marketed Musician Studio, please review the additional Terms and Conditions for The Marketed Musician Studio, which can be found on another tab of this webpage.

 

AFFILIATE LINKS DISCLAIMER

Some of the links contained in this Site may be affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. We only recommend products and services known and trusted by us, whether an affiliate relationship exists or not.

 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

LIMITATION OF LIABILITY

We will do our best to ensure all facts and statements on this Site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party. However, the Company can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which may arise from your use of the Site or your relationship with the Company. The foregoing applies even if the Company was advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, liability is limited to the fullest possible extent permitted by law.

 

THIRD PARTY RESOURCES

The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company or Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

You shall indemnify and hold the Company, its affiliates, agents, employees and licensors harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

GOVERNING LAW

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Texas, U.S.A., as applied to contracts that are executed and performed entirely in the State of Texas, U.S.A., without reference to its conflict-of-law provisions. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be the state or federal courts located within Fort Bend County, TX. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site.

 

VARIATION

The owners and operators of the Site may revise these Terms and Conditions from time to time, so please check back regularly to ensure you are familiar with the current version.

 

SEVERABILITY

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

LEGAL INFORMATION

Access to this website via an automated service or for a competitive purpose is prohibited. The content of this site is provided “as is,” at your own risk, without express or implied warranty or condition of any kind. The Marketed Musician, LLC also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.

 

Any questions about the agreement or this Site can be directed to:

 

clair (at) themarketedmusician (dot) com

P.O. Box 1254
Katy, TX, 77492

 

ENTIRE AGREEMENT

These Terms and Conditions, along with any Disclaimer, Privacy Policy and Terms and Conditions for The Marketed Musician Studio posted on this Site constitutes the entire agreement between you and the Company pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

The Marketed Musician, LLC

Website Privacy Policy

Last Updated June 25, 2016

INTRODUCTION

Thank you for using www.themarketedmusician.com (the “Site”) and/or for purchasing products and/or services from us. This Site is operated by The Marketed Musician, LLC (“Company”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site and our voluntary email list. By using the Site, you agree to the collection and use of information in accordance with this policy.

 

INFORMATION COLLECTION

While visiting the Site, you may be asked to provide certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email address, mailing address, phone number, and credit card information (“Personal Information”). Personal Information may be collected from users in a variety of ways, including, but not limited to, when users visit the Site, register on the Site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources made available on the Site. Users may, however, also visit the Site anonymously as Personal Information will only be collected from users if they voluntarily submit such information. Users can always refuse to supply Personal Information, except that it may prevent them from engaging in certain Site related activities.

 

Like many site operators, we collect information that your browser sends whenever you visit our Site, such as your computer’s Internet Protocol address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data.

 

COMMUNICATIONS

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information. The Company operates an email list used to inform subscribers about information relevant to the Site as well as products and services supplied by the Company. Users of this Site can subscribe through an online automated process at their own discretion should they wish to do so. All personal details relating to email subscriptions are held securely. No personal details are passed on to third parties nor shared with companies or people outside of the Company. You may request a copy of personal information held about you by the Company’s email newsletter program by emailing such a request to clair (at) themarketedmusician (dot) com. A small fee may be payable. Email marketing campaigns published by this Site or Company may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation.

 

Such tracked activity may include but are not limited to; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity. In compliance with applicable laws, subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable, clear instructions on how to un-subscribe will be detailed instead.

 

THIRD PARTY WEBSITES AND EXTERNAL LINKS

Although the Site only looks to include quality, safe and relevant external links, users are advised to be cautious before clicking any external web links mentioned throughout this Site. The owners of the Site cannot guarantee or verify the contents of any externally linked website. Users should therefore note they click on external links at their own risk and the Site and Company cannot be held liable for any damages or implications caused by visiting any external links mentioned.

 

BLOG / FORUM

Our website offers publicly accessible blogs and/or community forums. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from our blog or community forum, you may email us at clair (at) themarketedmusician (dot) com. We may or may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

 

SOCIAL MEDIA

Communication, engagement and actions made on external social media platforms that the Company may participate on are made pursuant to the terms and conditions as well as the privacy policies held with each social media platform respectively.

 

Be advised that the Company will never ask for your personal or sensitive information through a social media platform. The Site may use social sharing buttons, which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

 

COOKIES

Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, this Site uses “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of this Site.

 

SECURITY

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, the Company and Site cannot guarantee its absolute security.

 

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of June 25, 2015 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Site after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

 

CONTACT US

If you have any questions about this Privacy Policy, please contact us via email at clair (at) themarketedmusician (dot) com.

The Marketed Musician, LLC

Website Disclaimer

Last Updated June 25, 2016

INTRODUCTION

Thank you for using www.themarketedmusician.com (the “Site”) and/or for purchasing products and/or services from us. This Site is operated by The Marketed Musician, LLC (“Company”). This disclaimer governs your use of this Site. By visiting this Site, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you should not visit or use this Site. By using this Site, you agree that the exclusions and limitations of liability set out in this website disclaimer below are reasonable. If you do not think they are reasonable, you must not visit or use this Site.

 

NO WARRANTIES

This Site is provided without any representations or warranties of any kind, express or implied. While the owners and operators of the Site strive to ensure the information and statements posted on the Site are accurate and up to date, the owners and operators of the Site make no representations or warranties in relation to the Site or the information, statements, or materials provided on the Site.

 

In addition to not guaranteeing the accuracy, completeness, or truth of the information posted on the Site, nothing on the Site constitutes, or is meant to constitute professional legal or medical advice of any kind. If you require advice in relation to any legal or medical matter, you should consult with an appropriately licensed professional.

 

FINANCIAL AND EARNINGS DISCLAIMER

When addressing financial matters on our Site, videos, emails, webinars (including replays), newsletters, strategy calls, social media, blogs or other content/communications, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations.

 

This is not a “get rich scheme.” Nothing on our Site is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name a few. Because these factors differ according to individuals, we cannot and DO NOT guarantee your success, income level or ability to earn revenue.

 

You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Site are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas, methods or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.

 

COPYRIGHT

Unless otherwise stated, the owners and operators of this Site own the copyrights to all material posted on this Site. Subject to the limited license below, all rights to copyrighted material are reserved.

 

You may view, download, and print pages, materials, and information from this Site provided that:

  1. a) you may not republish material from this Site, including republication on another website
  2. b) you may not reproduce, duplicate, copy, sell, or otherwise exploit the materials and information found on the Site for a commercial purpose without the express written consent of the owners of this Site.

 

LIMITATIONS OF LIABILITY

The owners and operators of this Site will not be liable to you in relation to the contents of, use of, reliance upon, or otherwise in connection with the Site. The owners and operators of this Site will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with the Site, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. The liability of the owners and operators of the Site, if found to be liable in any sense, will be limited to the maximum extent permitted under applicable law.

 

However, nothing in this disclaimer shall exclude or limit the liability of the owners and operators of the Site for fraud, for death or personal injury caused by their negligence, or for any other liability which cannot be excluded or limited under applicable law.

 

THIRD PARTY WEBSITES

The Site may contain links to third party websites, and the owners and operators of this Site are not responsible for the content of those third party websites.

 

VARIATION

The owners and operators of this Site may revise this disclaimer from time to time, so please check back regularly to ensure you are familiar with the current version.

 

SEVERABILITY

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

THE MARKETED MUSICIAN STUDIO

Terms and Conditions

Last Updated June 25, 2016

 

INTRODUCTION

The Marketed Musician Studio, also referred to as “Service,” is a membership site for online training, courses, resources and other content relating to marketing and business strategies for musicians. The Marketed Musician Studio is a Service of The Marketed Musician, LLC (“Company”).

 

By enrolling in The Marketed Musician Studio, which is housed at studio.themarketedmusician.com, you agree to comply with and be bound by the following Terms and Conditions of use, in addition to the Terms and Conditions, Privacy Policy and Disclaimer for the Site (themarketedmusician.com), without modification, and acknowledge reading them. Please review these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you should not continue with your purchase.

 

Parties agree that the Service is in the nature of education. The scope of services provided by the Company according to this Agreement are limited to those listed on the Site. Company reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

 

RECURRING PAYMENTS

This is a membership website. Payments will process automatically on the schedule you selected at the time of purchase (yearly or monthly).

 

ACCOUNT CREATION

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

 

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us by emailing clair {at} themarketedmusician {dot} com as soon as possible. If this happens, you will gain access to the digital products within a reasonable window of 48 business hours from a member of the Company’s support team.

 

REFUND POLICY

Due to the personal and electronic nature of our products/services and the fact that they cannot be “returned,” Company and every product/service it sells has a no refunds policy. There will be no partial (or prorated) refunds on monthly or annual payments. Within minutes of ordering, you will be able to access years worth of our effort and knowledge. You will get access to all of the content right away. There is no undoing that once you access the members area.

 

CANCELLATION POLICY

As a member, you may cancel a monthly or annual subscription at any time, but no refunds will be made for any membership fees already paid. Once you cancel, you will no longer have access to the Service, including all content and community resources, after your current membership period is completed.

 

If you are dissatisfied with your purchase for any reason, you will be able to cancel any future payments. To cancel, all you need to do is login to the website and click on “Account,” where you can cancel your account.

 

We highly recommend that you take the time to decide if joining The Marketed Musician Studio is right for you at this time, before making the decision to purchase. If you cancel and then decide to rejoin The Marketed Musician Studio again at a later time, you will be reinstated at the current rate, regardless of any special offers or discounts you received in the past. If you have any questions, you can get in touch at clair {at} themarketedmusician {dot} com.

 

UPGRADE POLICY

In the Account settings, members are able to upgrade to the current Annual or VIP membership rate, at which time payment will be prorated for the remainder of the membership term. If an upgrade is made from monthly or annual to VIP, the member will receive one 1-on-1 call per 3-months, based on the remaining months in the membership term. When your payment automatically recurs at the end of your membership term, it will recur at the rate you are in at the time of the upgrade.

 

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

 

DURATION OF AGREEMENT

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against the Company when there are reasonable delays in the access of the Service.

 

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

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