Parkhurst Music (The Company) operates this site to provide distance learning opportunities for guitar students.
By accessing and using the parkhurstmusic.com website you agree to be bound by our Terms and Conditions as described below. By using this site and/or service, you understand and agree to be bound by the Terms and Conditions whether or not you are a registered member of the site.
Please read these terms and Conditions carefully. If you do not agree to all of these Terms and Conditions, do not use the site or service in any manner.
Changes to Terms and Conditions. We may modify these Terms and Conditions from time to time without notice, and such modifications shall be effective upon posting on the site. You agree to be bound by any modifications to these Terms and Conditions when you access the Site or use the Service, after any such modification is posted to the Site. It is important that you review the Terms and Conditions regularly.
This Agreement, including all revisions, shall remain in full force and effect while, and each and every time, you use the Service and/or Site. Either party may terminate this agreement at any time with or without cause.
Course Content is subject to change at any time at the discretion of the company.
Some course material may be released on a “drip distribution” meaning that lesson material will be added after earlier lessons are completed by the subscriber. Video and audio recordings are available solely at the discretion of the company.
Membership in a course is based on a 30-day, 90-day, 180-day or 365-day automatically renewing cycle with pricing as specified in the Course Catalog. Membership is specific to the course you signed up for. If you want to take another course, please sign up for that one as an addition to your current membership.
Recurring Billing. Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased.
Billing Cycle. Unless you change your renewal status as described below, at the time of each such renewal you authorize us to charge your designated Payment Method at the then-current, non-promotional price for the renewal of your subscription. Your credit card or PayPal will be charged at the end of the current term of your membership plan unless you cancel your subscription as described below.
Refunds. The amount and form of any credit or refund and the decision to provide them are at our sole and absolute discretion. Please email gary@parkhurstmusic.com to request a refund.
Cancellation. You may terminate this Agreement at any time by simply going to My Account on the Site and clicking “Cancel Auto Renew”, or emailing gary@parkhurstmusic.com. You will continue to have access to the service through the end of your current billing period.
User Eligibility. The Site is intended for users who are at least eighteen (18) years of age. Any registration, use or access to the Site by anyone under the age of eighteen (18) is prohibited by these Terms and Conditions unless verified consent and permission is provided in writing by the parent or guardian. By using the Site, you represent and warrant that you are eighteen (18) years of age or older and have the right, authority, and capacity to enter into these Terms and Conditions, unless verified consent and permission is provided in writing by the parent or guardian.
User Registration. If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process (“Registration Process”). You will be fully responsible for all use of your account and for any actions that take place on the Site using your account.
You agree that you will use the Service and Site for your personal, non-commercial use only.
You agree to use the Service and Site only for purposes that are permitted by (a) the Terms and Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Service or Site by any means other than through the interface that is provided by the Company. You agree that you will not engage in any activity that interferes with or disrupts the Service or Site (or the servers and networks which are connected to the Service or Site).
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service or any and all content on the Site for any purpose.
You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and/or for any use of the Service or Site and for the consequences (including any loss or damage which Company may suffer) of any such breach.
Prohibited Activities. While using the Service and/or Site you represent and agree that you will not:
a. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
b. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
c. Use automated scripts to collect information from or otherwise interact with the Service or Site.
d. Engage in any commercial activity unless expressly approved in writing by the Company.
e. Engage in unauthorized framing of or linking to the Site.
f. Register for a User account on behalf of an individual other than yourself without the consent of that individual or register for a user account on behalf of any group or entity without the consent of the group or entity.
g. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
h. Upload, post, transmit, share or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
i. Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or Site.
j. Upload, post, transmit, share or otherwise make available any log in or password chosen by or issued to you or any access to the site other than one registered user per paid account.
Engaging in any of the above will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at the Company’s sole discretion.
Illegal Activity. While Company assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity or cooperate with governmental authority in investigating any activity in connection with the Site or Service that Company believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Company, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Company reserves the right to restrict your activity on, and/or block your access to, the Site and/or Service at any time for any reason without notice to you.
Website Administration and Security. Parkhurst Music will make commercially reasonable efforts to provide a safe and secure environment for its Users. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service or Site. Accordingly, you agree that you will be solely responsible all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST THE COMPANY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The Site and Service are controlled and offered by Parkhurst Music from its facilities in the United States of America. The Company makes no representations that the Site and Service are appropriate or available for use in other locations. Those who access or use the Site and/or Service from other jurisdictions do so at their own volition according to these Terms and Conditions and are responsible for compliance with local law.
YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE, SITE, SOCIAL NETWORKING PAGES, STORAGE AND BANDWIDTH ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SITE AND THE SERVICE ARE HOSTED BY A THIRD PARTY OVER WHICH THE COMPANY HAS NO CONTROL. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITE AND/OR SERVICE LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
Force Majeure. Neither party shall be liable for, or considered in breach of these Terms and Conditions on account of, any delay or failure to perform as a result of any causes or conditions which are beyond such party’s reasonable control including without limitation, fire, acts of God, riots and insurrections, strikes, boycotts or lockouts, embargoes, judicial action, lack of or inability to obtain resources, power or communication failures and acts of civil or military authorities.
Arbitration Agreement. While both You and The Company agree to make reasonable efforts to resolve any disputes, claims or controversies (“Demands”), You and The Company agree that any Demands arising out of or relating in any way to the Parkhurst Music services, the website, these Terms and Conditions, and this Arbitration Agreement, shall be determined by binding arbitration if it cannot not otherwise be resolved. You also agree that, by agreeing to these Terms and Conditions, that you and The Company are each waiving the right to a trial by jury or to participate in a class action or representative proceeding. This arbitration provision shall survive termination of this Agreement and the termination of your Parkhurst Music membership.
YOU AND PARKHURST MUSIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ON BEHALF OF OTHERS OR A CLASS MEMBER OF ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Parkhurst Music agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If the specific provisions of subparagraph (c) are found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If You and Parkhurst Music cannot reach an agreement as to an arbitrator, You and The Company agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You and Parkhurst Music agree further that the arbitration can be based on documents only and only to the extent that it requires an in-person proceeding shall be held at a location determined by AAA pursuant to its Rules and Procedures, or at such other location as may be mutually agreed upon by you and The Company. In all events, the law governing any Demand shall be the law of the State of Indiana, not including its conflict of law provisions.
This Agreement will be governed by the substantive laws of the United States of America and the State of Indiana (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction).
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.
These Terms and Conditions may not be assigned by you without the prior written consent of the Company.
If you have any comments or questions related to customer support, please send an email to gary@parkhurstmusic.com.
Copyright Policy. All information on this website is owned exclusively by Parkhurst Music. Copyright 2023. All rights are reserved. You may not copy, share or otherwise distribute the content of our site without express written permission.
Unless you have agreed otherwise in writing with Company, nothing in the Terms and Conditions gives you a right to use any of Company’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Company, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and Conditions and Company’s brand feature use guidelines as updated from time to time.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Service or Site. You agree that in using the Service and/or Site, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos, or implies any affiliation or association with the Service or Site other than your subscription.
The Service and Site contain proprietary Content of Company. Company Content is protected by copyright, trademark, patent, trade secret and other laws, and The Company owns and retains all rights to the Company Content, Service and Site. You agree you will not reprint, republish, repost, or otherwise distribute or transmit content, including text, video, and images presented on the Site or through the Service. Unauthorized use of or copying of Company Content can subject you to civil or even criminal liability.
Please note that violation of the Company Copyright Policies may result in termination of your service.