Terms and Conditions

Last updated: August 20, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website offered at https://www.lessonsquad.com and related technology, applications and services (collectively, the "Platform") operated by Lesson Squad, Inc. (the “Company”, “Lesson Squad”, "us", "we", or "our").

Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Platform.

By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Platform.

Services

The services offered by Lesson Squad include various products and services that help musicians and music educators ( “Site Owners”) build their own private businesses by promoting themselves and selling goods & services to students, friends and fans (“End Users”). Site Owners and End Users are collectively referred to herein as “Users”. Site Owners may decide to deliver one on one music lessons or group clinics (“Lessons”) to End Users. Site Owners can also recommend products and generate ad revenue for their business when those products are purchased by End Users. All purchases are considered final and non-refundable unless otherwise agreed to in writing.

LESSON SQUAD DOES NOT PROVIDE LESSON SERVICES TO END USERS, NOR DOES IT EMPLOY ANYONE TO DELIVER LESSONS. SITE OWNERS AND END USERS MAY DECIDE, AT THEIR SOLE DISCRETION, WHETHER TO PARTICIPATE IN LESSONS. EACH SUCH LESSON SHALL CONSTITUTE A SEPARATE NON-REFUNDABLE AGREEMENT BETWEEN THE PARTICIPATING SITE OWNERS AND END USER. LESSON SQUAD DOES NOT RECOMMEND PRODUCTS OR SERVICES AS ALL RECOMMENDATIONS ARE FROM USERS OF THE PLATFORM.

Accounts

When you an active account with us, you must provide us information that is accurate, complete, and current at all times. You must comply with all terms and conditions to use the platform. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and any associated commissions on our Platform.

You are responsible for safeguarding any password or information that you use to access the Platform and for any activities or actions under your account. You are responsible for all activities that occur under your account, and must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Eligibility and Safety

Lesson Squad does not require background checks from Site Owners or End Users. It is the sole responsibility of Users to exercise caution when communicating with each other or engaging in Lessons.

Site Owners and End Users may request background checks, which Lesson Squad may perform as a service to help Users make their own decisions. On such an occasion, you agree that Lesson Squad may obtain criminal records and other information about you, and you agree to provide any further necessary authorizations for Lesson Squad to obtain such information. Lesson Squad does not assume any responsibility for the reliability of criminal records or related information, and as such it remains the sole responsibility of Users to exercise caution when communicating with each other or engaging in Lessons.

You must be the older of 18 years or at least the age of majority in the jurisdiction where you reside and from which you use the Platform.

Recommendation Revenue

When End Users purchase products recommended by a Site Owner, the Site Owner may be eligible to receive ad revenue or commissions on user recommended products. Lesson Squad reserves the right to set rates or change its fee structure and amount at any time. Site Owner will typically be paid within 90 days of the purchase. You acknowledge and agree that received amounts shall not include any interest and will be net of any amounts required to be withheld by law or in accordance with a dispute. Continued use of the Platform after receiving notice of any fees or rate changes shall constitute your consent to such fees or rate changes.

Promotions

Lesson Squad may offer promotions and reward programs. Any rules governing such programs shall be in addition to and incorporated into these Terms.

Communications

You agree to receive e-mail, calls and other communications from Lesson Squad, related to your use of the Platform as well as updates and promotions related to the Platform. You may opt-out of promotional communications by emailing info@lessonsquad.com or following the unsubscribe option provided to you.

Information You Provide

Any information you provide when using the Platform or communicating with other Users may be used to create and operate your Lesson Squad account. Profile information such as name, picture, bio, instrument, rate and social media accounts (“Profile Information”) may be posted publicly on the Company’s website and used in Lesson Squad’s marketing material. You are solely responsible for the information you provide, including Profile Information, and consent to its use as described herein and in our Privacy Policy.

You warrant and represent to us that you are the sole author of your information and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to exercise copyright, publicity, and database rights you have in your information, and to use, copy, perform, display and distribute such information to prepare derivative works, or incorporate into other works, such information, in any media.

Links To Other Web Sites

Our Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.

Lesson Squad has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lesson Squad shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Intellectual Property

All intellectual property rights in the Platform, including but not limited to matching algorithms, workflows, business processes, database rights, copyright, design rights, and trademarks, shall be owned by the Company absolutely and in their entirety.

Disclaimers

THE PLATFORM AND ANY OTHER FEATURES, FUNCTIONALITIES OR SERVICES ASSOCIATED WITH THE PLATFORM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LESSON SQUAD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PLATFORM WILL RESULT IN SUCCESSFULLY DELIVERED LESSONS OR BE UNINTERRUPTED, SECURE, ERROR-FREE, QUALITY OR SAFE. WE AND OUR OFFICERS, DIRECTORS AND EMPLOYEES DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

We cannot guarantee that each Site Owner or End User is who he or she claims to be, and are not responsible for the conduct of any User. You accept that Less Squad does not procure insurance for, nor is responsible for, theft, illegal acts, or any acts or omission of Users on the Platform, participating in Lessons, or purchasing goods and services.

Limitation of Liability

IN NO EVENT SHALL LESSON SQUAD, OUR AFIFLIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INICIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, LESSONS, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVE KNOW OR HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE PLATFORM OR PARTICIPATING IN LESSONS, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE LESSER OF $100 OR OUR REVENUE GENERATED BY PROVIDING SERIVCES TO YOU IN THE PAST YEAR. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Release

In the event that you have a dispute with one or more Users, you agree to release Lesson Squad (including our affiliate and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands, damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Platform or participation in Lessons. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), 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.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Indemnification

You agree to indemnify and hold Lesson Squad and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of in connection with: (1) your use of the Platform, participation in Lessons, or purchase/sale of recommended products, (2) your breach or violation of the Terms, (3) Lesson Squad’s use of information you provide, or (4) your violation of the rights of any third party.

Termination

We may terminate or suspend your account or access to our Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We reserve the right to refuse service to anyone for any reason at any time.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.

Binding Arbitration

You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Platform, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND LESSON SQUAD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have between us regarding the Platform.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Lesson Squad’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by the Company for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Lesson Squad in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Lesson Squad with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by the Company or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Lesson Squad; becomes known to you, without restriction, from a source other than Lesson Squad without breach of this Agreement by you and otherwise not in violation of Lesson Squad’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Lesson Squad to enable Lesson Squad to seek a protective order or otherwise prevent or restrict such disclosure.

No Agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide notice within 15 days of these terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.

Contact Us

If you have any questions about these Terms, please contact us at info@lessonsquad.com.

Privacy Policy

Last updated: August 20, 2019

Lesson Squad, Inc. (the “Company”, “Lesson Squad”, "us", "we", or "our") operates the platform offered at https://www.lessonsquad.com and related technology, applications and services (collectively, the "Platform")

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Platform.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Platform. By using the Platform, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://www.lessonsquad.com.

Information Collection and Use

While using the Platform, we may ask you to provide us with 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, phone number, postal address, other information ("Personal Information").

Lesson Squad may share your personal information with other Users or third parties in connection with your use of the Platform and to align you with partner goods and services that add value to Users. You accept that we may use and disclose your personal information with Users and third parties. Should you receive any personal information about other Users, you agree not to share or use such information for any purpose unrelated to the platform.

Log Data

We collect information that your browser sends whenever you visit our website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

Cookies are files with small amount 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.

We use "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 our Platform.

Service Providers

We may employ third party companies and individuals to facilitate the Platform, to provide the Platform on our behalf, to perform Platform-related services or to assist us in analyzing how our Platform is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Lesson Squad does not provide individual or group lesson services to students, nor does it employ anyone to deliver lessons.

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, we cannot guarantee its absolute security.

Links to Other Sites

Our Platform may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Youth Privacy

Our Platform does not address anyone under the age of 18 ("Youth").

We do not knowingly collect personally identifiable information from Youth. If you are a parent or guardian and you are aware that a Youth has provided us with Personal Information, please contact us. If we discover that a Youth has provided us with Personal Information, we will delete such information from our servers immediately.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us at info@lessonsquad.com.

Terms & Privacy

Terms and Conditions

Privacy Policy