Please read this Agreement carefully before accessing or using The Music Kitchen website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Lifetime Investor, acceptance is expressly limited to these terms.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
A special restriction on a visitor’s license to access The Music Kitchen applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Website automatically.
Email addresses on The Music Kitchen website are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors, or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
The information, indicators, strategies, columns, articles, and all other features included on this website have been included for general informational and educational purposes only. No person should make any purchasing decision solely in reliance upon the information or advice contained herein. Rather, you should use the information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding the suitability of a purchase.
Company makes no guarantee or other promise as to any results that may be obtained from using the information provided. The results achieved by The Music Kitchen are not typical of the experience of others. You should not expect to do as well.
Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by the Company.
The Company declares that any claims made of actual earnings or examples of actual results can be verified upon request. Factual statements on the Company’s website, or in its publications, are made as of the date stated.
The earnings, revenue and profit results that a customer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the products and services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial.
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of Company. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall Company (or any business or individual associated with Company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Optional premium paid subscription services are available on the Website. By selecting a premium subscription service you agree to pay The Music Kitchen the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
This site may be hyperlinked to other sites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Company of that site.
You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
You consent to having your Internet Protocol address recorded. The Identifier is uniquely matched to your Internet Protocol address.
Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Music Kitchen account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Subscription account, such account can only be terminated by Company if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Company’s notice to you thereof; provided that, Company can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
The Content is provided “as is” and without warranties of any kind, either expressed or implied. Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Company does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not Company, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. Company makes no warranties that your use o the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Company is not liable for any delay or failure of the site to perform. There is no guarantee that Subscribers will be able to access the site whenever and wherever desired. There may be extended periods of time when you cannot access the site for various reasons, many beyond our control. Heavy traffic on the website or website hosting platform may affect your access to the site. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the site’s operation or downtime.
In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Company, its subsidiaries, affiliates, employees, officers, directors and agents to any contestant shall be the pro-rated amount paid for a subscription to the site.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Trademarks, service marks, and logos appearing on this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on this site.
You may not post, send, submit, publish, or transmit in connection with this site any material that: • you do not have the right to post, including proprietary material of any third party; • advocates illegal activity or discusses an intent to commit an illegal act; • is vulgar, obscene, pornographic, or indecent; • does not pertain directly to this site; • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; • violates any law or may be considered to violate any law; • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; • solicits funds, advertisers or sponsors; • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; • includes MP3 format files; • amounts to a ‘pyramid’ or similar scheme; • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services, and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. By using this Website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.