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LICENSE AND SITE ACCESS
CollegeAuditionCoachOnline grants you a non-exclusive right and license to access and use the Site for noncommercial, educational purposes, to review, print or download the information and materials provided on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of CollegeAuditionCoachOnline. Any unauthorized use shall immediately terminate the licenses and rights granted by CollegeAuditionCoachOnline and any Sources hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray CollegeAuditionCoachOnline, its subsidiaries, affiliates, Sources, and other contributors or its or their respective materials, products or services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any CollegeAuditionCoachOnline, Source’s, subsidiary’s, affiliate’s, or other contributor’s logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of CollegeAuditionCoachOnline, the subsidiary, affiliate, Source, or other contributor (as applicable).
CollegeAuditionCoachOnline does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within CollegeAuditionCoachOnline’s control.
COPYRIGHTS AND TRADEMARKS
All content, graphics, photographs, format, design, the user interface and other copyrighted material on the Site (collectively, “materials”) are protected by copyright law and other intellectual property laws, and are owned by CollegeAuditionCoachOnline, Sources and/or licensors (as the case may be). The materials from the Site are only available for informational, educational and non-commercial use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and CollegeAuditionCoachOnline has, in its sole discretion, given its prior written approval to such use of the Site’s materials. In the event you print, download or otherwise use any materials available on or through the Site, you agree to provide credit to CollegeAuditionCoachOnline as follows:
“[Materials] courtesy of CollegeAuditionCoachOnline and Mary Anna Dennard. © 2012 Mary Anna Austin Dennard, Inc. All rights reserved.” Any requests to re-use the Site’s materials should be sent to: firstname.lastname@example.org.
CollegeAuditionCoachOnline, College Audition Coach, Get Informed Get Organized Get In, and the CollegeAuditionCoachOnline logo, and other indicia are trademarks of Mary Anna Austin Dennard, Inc. Any other product names, marks, symbols, trade names, company names and/or logos which appear on or through the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the CollegeAuditionCoachOnline trademarks, are protected by US law, including, but not limited to, its laws on trademark and unfair competition, and may also be protected by the laws in other countries. No marks may be used in any manner except as expressly set forth herein unless approved in advance, in writing the applicable mark owner.
USER REGISTRATION & ACCOUNTS
The Site enables you to review, print and download a variety of materials that are informative, instructional and inspiring related to college auditions for the performing arts for. CollegeAuditionCoachOnline uses reasonable efforts to ensure the availability of the information and content that it makes available through the Site. However, CollegeAuditionCoachOnline is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content.
By contributing or submitting any content to the Site, including, but not limited to videos, articles, photos, logos, graphics or text, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant CollegeAuditionCoachOnline, its affiliates and related entities a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, archive, store, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, whether now known or hereafter developed, and you also grant the right to CollegeAuditionCoachOnline to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. Without limiting the generality of the previous sentence, you authorize CollegeAuditionCoachOnline to include the information you provide in a searchable format that may be accessed by users of CollegeAuditionCoachOnline and other CollegeAuditionCoachOnline websites. You also grant CollegeAuditionCoachOnline and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant CollegeAuditionCoachOnline the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. In addition, you warrant that any and all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of CollegeAuditionCoachOnline, its agents, subsidiaries, affiliates, Sources, or other contributors and their respective directors, officers, employees, agents and representatives. CollegeAuditionCoachOnline reserves the right to change, condense or delete any content on the Site that CollegeAuditionCoachOnline deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. CollegeAuditionCoachOnline is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CollegeAuditionCoachOnline.
You agree that you shall not post or provide any information to/for the Site:
that is known by you to be false, inaccurate or misleading;
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party; or
that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify CollegeAuditionCoachOnline (among others) for the content you submit as set forth in the indemnity section, below.
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any transactions being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on CollegeAuditionCoachOnline’s computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without CollegeAuditionCoachOnline's prior written consent.
COMMUNICATIONS WITH THIRD PARTIES THROUGH COLLEGEAUDITIONCOACHONLINE
Your dealings or communications through CollegeAuditionCoachOnline with any party other than CollegeAuditionCoachOnline are solely between you and that third party. For example, certain areas of CollegeAuditionCoachOnline may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will CollegeAuditionCoachOnline be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
LINKS TO OTHER SITES, ENTITIES OR INDIVIDUALS
CollegeAuditionCoachOnline may provide links to the sites of third-party Sources, businesses, entities, individuals or other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by CollegeAuditionCoachOnline of the content of such third-party sites nor of the business practices of such other businesses, entities, individuals or other parties. CollegeAuditionCoachOnline is not responsible for examining or evaluating, and does not in any way warrant or claim responsibility for, the products, services, offerings, business practices of or materials provided by any of these businesses, entities, individuals or other parties or the content of their websites. You should carefully review their privacy statements and other conditions of use.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A SOURCE OR OTHER PARTY LISTED ON OR AVAILBLE THROUGH THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE COLLEGEAUDITIONCOACHONLINE, ITS SUBSIDIARIES, AFFILIATES, SOURCES, CONTRIBUTORS, OR OTHER THIRD PARTIES UNDER CONTRACT WITH OR AFFILIATED WITH COLLEGEAUDITIONCOACHONLINE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “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.”
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY COLLEGEAUDITIONCOACHONLINEON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COLLEGEAUDITIONCOACHONLINEMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, SERVICES OR OFFERS OF EMPLOYMENT INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLEGEAUDITIONCOACHONLINE SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. COLLEGEAUDITIONCOACHONLINE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF COLLEGEAUDITIONCOACHONLINE’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COLLEGEAUDITIONCOACHONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. COLLEGEAUDITIONCOACHONLINE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY AVAILABLE ON OR THROUGH THE SITE, REGARDLESS OF ITS SOURCE, THAT SUCH CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM COLLEGEAUDITIONCOACHONLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SITE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT BY COLLEGEAUDITIONCOACHONLINE OF ANY PRODUCT, CONTRIBUTOR, SOURCE, SERVICE, OR ANY REVIEWS OR COMMENTS THEREOF REGARDLESS OF THE SOURCE OF SUCH REVIEW OR COMMENT. COLLEGEAUDITIONCOACHONLINE ASSUMES NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN ITS SEARCH RESULTS, EDITORIAL CONTENT, OR OTHER CONTENT ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLEGEAUDITIONCOACHONLINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
CollegeAuditionCoachOnline disclaims any responsibility for the content of any third party materials provided through or on its Site or other services (“Third Party Content”). CollegeAuditionCoachOnline will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (“DMCA”), which may include CollegeAuditionCoachOnline removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to CollegeAuditionCoachOnline regarding matters other than informing CollegeAuditionCoachOnline that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted by email to CollegeAuditionCoachOnline’s Designated Agent at email@example.com.
To be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CollegeAuditionCoachOnline to locate the material;
Information reasonably sufficient to permit CollegeAuditionCoachOnline to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement, as follows: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
CollegeAuditionCoachOnline shall remove or disable access to the Third Party Content that is alleged to be infringing;
CollegeAuditionCoachOnline shall forward the written notification to the alleged infringer (the “Subscriber”);
CollegeAuditionCoachOnline shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to CollegeAuditionCoachOnline’s Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;
The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which CollegeAuditionCoachOnline may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and CollegeAuditionCoachOnline will comply with this requirement within a reasonable time (or as otherwise required by law), provided CollegeAuditionCoachOnline’s Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on CollegeAuditionCoachOnline’s network or system.
CollegeAuditionCoachOnline is controlled, operated and administered by CollegeAuditionCoachOnline from its offices within the United States. CollegeAuditionCoachOnline makes no representation that materials or Content available through CollegeAuditionCoachOnline are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use CollegeAuditionCoachOnline or export the Content in violation of U.S. export laws and regulations. If you access CollegeAuditionCoachOnline from a location outside the United States, you are responsible for compliance with all local laws.
Individuals who sign up for coaching with us shall also be bound to the terms and conditions set forth in our Coaching Agreement, which is incorporated herein by reference.
MEMBERSHIP AND SUBSCRIPTION; PRICING.
Our Fees. You agree to pay the applicable fees listed on our Online Prep and Consult pages (“Fees”) prior to use of our services. Subject to the terms of this Agreement, we reserve the right to change our Fees. We may change our Fees for our services from time to time, but such changes will not apply to you until the next renewal of your subscription. No refunds or credits will be extended at any time. All Fees, charges, and payments collected or paid through the Service are denominated in US dollars.
Billing and Payment. CollegeAuditionCoachOnline bills you through an online account (your “Billing Account”) for use of the products and services available via the Site. You agree to pay CollegeAuditionCoachOnline all charges at the prices you agreed to for any use of the services available via the Site by you or other persons (including your agents) using your Billing Account, and you authorize CollegeAuditionCoachOnline to charge your chosen payment provider (your “Payment Method”) for the services. You agree to make payment using that selected Payment Method. CollegeAuditionCoachOnline may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
If CollegeAuditionCoachOnline does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that CollegeAuditionCoachOnline may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and your new subscription commitment period will begin as of the day payment was received).
Membership Cancellation. You may terminate your membership and/or subscription at any time, for any reason, by contact us at firstname.lastname@example.org. If you cancel your membership subscription, you may use your subscription until the end of your then-current subscription term. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize CollegeAuditionCoachOnline to charge your Payment Method. You also authorize CollegeAuditionCoachOnline to charge you for any sales or similar taxes that may be imposed on your subscription payments.
CollegeAuditionCoachOnline may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to CollegeAuditionCoachOnline. If CollegeAuditionCoachOnline terminates your membership in the Site and/or services because you have breached this agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of CollegeAuditionCoachOnline. CollegeAuditionCoachOnline is not required to provide you notice prior to terminating your membership and/or subscription. CollegeAuditionCoachOnline is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this agreement shall be deemed to survive such termination.
Current Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify CollegeAuditionCoachOnline if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by emailing email@example.com. If you fail to provide CollegeAuditionCoachOnline any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
Reaffirmation of Authorization. Your non-termination or continued use of the service(s) reaffirms that CollegeAuditionCoachOnline is authorized to charge your Payment Method. CollegeAuditionCoachOnline may submit those charges for payment and you will be responsible for such charges. This does not waive CollegeAuditionCoachOnline's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the service(s).
Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the services on the Site must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact firstname.lastname@example.org to have the charges reversed.
Modifications to Services. CollegeAuditionCoachOnline reserves the right at any time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that CollegeAuditionCoachOnline shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
Unfortunately no refunds for any products or services purchased on or in connection with CollegeAuditionCoachOnline will be made.
Although we intend to provide the highest quality coaching services and information, Mary Anna Austin Dennard, Inc. cannot guarantee any results, including, but not limited to, admission to any college program or receipt of any scholarship award, and we make no such promises or guarantees
Contact email@example.com with questions or problems with this Site.
Copyright © 2012 Mary Anna Austin Dennard, Inc. All rights reserved.
Last Modified January 30, 2012