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Terms and Conditions
Updated 3 September, 2024
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THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING BUYER RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO BUYER. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, BUYER AFFIRMS THAT BUYER IS OF LEGAL AGE TO ENTER INTO THIS E-COMMERCE TRANSACTION, AND ACCEPTS TO BE BOUND BY THESE TERMS AND CONDITIONS. BUYER AFFIRMS THAT IF BUYER PLACES AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, BUYER HAS THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIATION OR COMPANY TO THESE TERMS AND CONDITIONS.
BUYER MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF BUYER (i) DOES NOT AGREE TO THESE TERMS;, (ii) IS NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH PREMIUM MUSIC PRODUCTS, INC.;, OR (iii) IS PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
1. Applicability. These Terms and Conditions apply to the purchase of the goods (“Product” or “Products”) through Premium Music Products (the “Site”), and are subject to change by Premium Music Products, LLC. (“Premium Music Products”) without prior written notice at any time. Any changes to these Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Site. By entering into an e-commerce transaction to purchase any Product through the Site (an “Order”), Buyer affirms that is has reviewed these Terms and Conditions prior to purchasing such Product. Buyer’s continued use of the Site after the “Last Updated Date” will constitute Buyer’s acceptance of and agreement to any such changes. These Terms and Conditions take precedence over any and all other terms and conditions and agreements that may be in place between Premium Music Products and Buyer for this Order.
2. Website Terms of Use and Privacy Policy. These Terms and Conditions are an integral part of the Website Terms of Use that apply generally to the use of the Site. By entering into any e-commerce transaction, Buyer affirms that Buyer has reviewed the Website Terms of Use and Premium Music Products’ Privacy Policy prior to placing an Order for Products through this Site.
3. Acceptance. All purchases by Buyer are expressly limited and conditioned upon acceptance of these Terms and Conditions, and Premium Music Products expressly rejects any provision, printed or otherwise contained in any Order, acceptance, confirmation, acknowledgement, or other Buyer communication which is inconsistent with, different from, or in addition to these Terms and Conditions unless specifically agreed to in writing by Premium Music Products. Performance under any Order does not constitute acceptance of any Buyer terms. Premium Music Products will not be deemed to have waived these Terms and Conditions if it fails to object to provisions submitted by Buyer. Buyer’s use of the e-commerce Site for any purchase constitutes its acceptance to these Terms and Conditions. If Buyer places an Order under these Terms and Conditions, Premium Music Products will have an opportunity to review and make comments to the contents of the Order. Premium Music Products’ comments will be deemed accepted and incorporated into the Order unless Buyer specifically objects in writing within ten (10) days. Premium Music Products reserves the right to reject any Order submitted by Buyer. All Orders are subject to availability of the Product. If Buyer urgently requires a Product, Buyer is encouraged to contact Buyer’s customer service representative using the Contact Us page of this site.
4. Taxes. When used in these Terms and Conditions, taxes means any and all federal, state, municipal, value-added, or other governmental entity’s excise, sales, use, or any other tax or customs duties now in force or enacted in the future (“Taxes”). Buyer is responsible for including any applicable sale-for-resale certificates (“Exemption Certificates”) with the Order. If no Exemption Certificate is included, Buyer will be charged for any and all Taxes applicable to the Order. If you are tax exempt, a copy of the Tax exemption certificate must be emailed to steve@reparimasterclass.com.
5. Payment. Premium Music Products accepts approved credit cards for all purchases. Upon Order, Premium Music Products will immediately charge Buyer’s credit card, even prior to the Order being shipped. Buyer represents and warrants that (i) the credit card information that Buyer supplies to Premium Music Products is true, correct, and complete, (ii) Buyer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Buyer will be honored by Buyer’s credit card company, and (iv) Buyer will pay charges incurred by Buyer at the posted prices, including all applicable Taxes, if any, regardless of the amount quoted on the Site at the time of the Order.
6. Prices. The prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price advertised on this Site at the time the Order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in the Order confirmation email. Prices will exclude Taxes and shipping costs. All such Taxes and shipping costs will be added to the total price and will be itemized in the shopping cart and in the Order confirmation email. Prices include standard packing for domestic shipment and are subject to an increase equal in amount to any Tax Premium Music Products may be required to collect or pay upon the production or sale of Products covered hereby. Premium Music Products reserves the right to correct any inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability at any time, and to cancel any Orders arising from such occurrences.
7. Delivery. Premium Music Products will deliver the physical Products in accordance with its standard lead-time for the physical Products being ordered. Products will be shipped according to the weight of the Product and according to Buyer requests. Premium Music Products makes no warranty or guaranty as to the amount of time it will take to deliver the Products. While Premium Music Products will endeavor to meet the agreed to delivery date, it will not be liable for any loss or damage (including any loss of use or loss of profits) incurred by Buyer as a result of any failure to deliver on a particular date. Risk of loss and title to the Products will pass to Buyer upon delivery of the Products at Buyer’s facility. Premium Music Products reserves the right to impose additional charges for any special routing, packing, labeling, handling or insurance requested by Buyer.
Premium Music Products will deliver online Products and classes in accordance to the type of product being purchased. If an online course is purchased, immediate access will be granted upon successful charge of the credit card. Premium Music Products reserves the right to suspend or cancel access to products if the credit card charge is refuted or returned. Live Online Classes will be delivered on the scheduled date and Premium Music Products is not liable or responsible for the successful workings of technology on your end but is responsible to deliver the classes live via an easily accessible platform common to most operating systems.
8. Returns. Buyer may return any physical Product for any reason by obtaining a Return Material Authorization from a Premium Music Products Customer Service Representative through the Contact Us page of this site. Buyer will be responsible for any and all costs of shipping the Product to Premium Music Products, and will be liable for any loss or damage to the Product until its delivery at Seller’s facility. Buyer will not be charged a restocking fee.
9. Communications. Buyer agrees that Premium Music Products may contact Buyer to provide Buyer with quality information about Products Buyer has ordered. Buyer also agrees that in the event a Product becomes obsolete, Premium Music Products may notify Buyer of such obsolescence and may recommend alternative Products.
10. Warranty.
(a) Product Warranty. Premium Music Products warrants its Products provided hereunder will be free from defects in materials and workmanship for a period of one (1) year from the date of shipment of the Product to the Buyer. Premium Music Products’ liability hereunder is limited to repairing or replacing any Products that have been returned to Premium Music Products and are found by Premium Music Products to be defective. Buyer should provide the reason for return of the Product, details regarding the defect or failure and any documentation that must be provided to Premium Music Products with the shipment of the replaced Product. The Buyer will pre-pay transportation and handling cost for all Products returned to Premium Music Products hereunder. At Premium Music Products's election, Premium Music Products will either repair or replace Products that are returned to Premium Music Products and that are verified by Premium Music Products as being defective. Premium Music Products will have the sole right to determine whether such parts will be repaired or replaced.
(b) Limitations. The sole obligation of Premium Music Products under this Section 710, Warranty, is to repair or replace, at its option any Premium Music Products Product which is defective. Other than the foregoing repair or replacement, Buyer shall have no other remedy against Premium Music Products. This warranty will not apply to any sample, prototype or test unit or to any Product that has been: improperly installed, shipped or transported; subjected to abuse, neglect, misuse or misapplication; damaged by accident, by contamination, operated contrary to Premium Music Products specifications or data sheets in effect on the date of the Order or any other condition for which the Product was not designed; or repaired or altered by Buyer or a third party other than Premium Music Products' authorized representative. No agreement extending, expanding or supplementing this Warranty will be binding upon Premium Music Products unless in writing and signed by an authorized representative of Premium Music Products.
THESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES AND IN LIEU OF OTHER WARRANTIES, WHETHER WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL PREMIUM MUSIC PRODUCTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
11. Changes. Buyer will make no changes to any product furnished by Premium Music Products unless first authorized or requested to do so by Premium Music Products. Any liability arising from any unauthorized changes will be Buyer’s responsibility.
Premium Music Products may at any time, at its sole discretion and without notice to Buyer, make changes to the Products, including the source of supply of any components thereto, that do not adversely affect the interface of such Products with Buyer’s associated equipment for any performance specifications for such Products.
12. Confidentiality. Buyer may receive or become exposed to Premium Music Products’ confidential or proprietary information, including but not limited to designs, technical documents, instructions, trade secrets, data or know how pertaining to the Products covered under the Order (collectively “Confidential Information”). Confidential Information will not include information that: (a) is already known to Buyer prior to the disclosure by Premium Music Products without an obligation of confidentiality; (b) is or becomes available to the general public through no act or fault of Premium Music Products; or (c) is rightfully disclosed to Buyer by a third party without an obligation of confidentiality.
Buyer agrees that it will maintain the Confidential Information of Premium Music Products in confidence and will use such information only for the purposes of the Order. Confidential Information may be disclosed by Buyer within its organization only to specific employees who have a need to know such information for the purposes of the Order and inform those employees of these Terms and Conditions. Buyer will not transmit or disclose Confidential Information to others without the prior written consent of Premium Music Products. Buyer warrants that it will not divulge, disclose or in any way distribute or make use of Confidential Information, and that it will not manufacture, repair (or enable a third party to manufacture or repair), alter, modify, decompile, disassemble, reverse engineer, translate or create derivative works of Premium Music Products’s Products. Upon the earlier of: (i) termination; (ii) expiration; or (iii) completion of performance of Premium Music Products’s obligations under the Order, Buyer will return to Premium Music Products any Premium Music Products Confidential Information, including all copies thereof.
13. Copyright. The materials, descriptions, handouts, downloads, pdf’s, and any other materials obtained by Buyer over or though the course are the copyright material of Premium Music Products. No distribution, copy, reproduction of any kind, sharing, editing, modifying or preserving beyond normal and reasonable means is allowed unless written permission from Premium Music Products is secured through the Contact Us portion of this site.
14. Limitation of Liability. WHETHER ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT OR OTHERWISE, IN NO EVENT WILL PREMIUM MUSIC PRODUCTS BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW. PREMIUM MUSIC PRODUCTS’ LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THE SUPPLY OF ANY PRODUCT IS LIMITED TO THE ORDER PRICE FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. IN NOT EVENT OF PHYSICAL HARM WILL PREMIUM MUSIC PRODUCTS BE LIABLE AS SUCH HARM ARISES FROM THE ACT OF REPAIRING MUSICAL INSTRUMENTS OR ANY OTHER HARM ARISING FROM ANY ATTEMPTS MADE BY BUYER. USE OF OUR PRODUCTS, PHYSICAL OR DIGITAL ONLINE PRODUCTS IS DONE AT YOUR SOLE DISCRESSION AND BUYER ASSUMES ALL RESPONSIBILITIES OF PHYSICAL HARM.
15. Intellectual Property Liability. Premium Music Products will have no obligation to defend and no liability to Buyer for any costs, losses or damages, to the extent that an infringement allegation is based upon: (a) Buyer’s use of the Product in combination with any other Product, digital or physical; (b) Buyer’s use of the Products in a manner or for an application other than for which they were designed or intended, regardless of whether Premium Music Products was aware of or had been notified of such use; (c) Buyer’s use of the Products in a repair function or other process; (d) Buyer’s modifications to the Products; (e) Premium Music Products’ compliance with Buyer’s particular design, instructions or specifications; or (f) Premium Music Products’ compliance with any industry or proprietary standard or Buyer’s use of the Products to make any modification of any industry or proprietary standard.
THIS SECTION STATES PREMIUM MUSIC PRODUCTS’S ENTIRE LIABILITY AND BUYER’S SOLE RECOURSE AND REMEDY WITH RESPECT TO INFRINGEMENT. ALL OTHER WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, STATUTORY, EXPRESS OR IMPLIED, ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMED.
16. Cancellation. Buyer may cancel an Order prior to its shipment by cancelling the Order online or by contacting a Premium Music Products customer service representative by phone or by e-mail. Buyer may check the status of an Order through Buyer’s Premium Music Products customer account. For any Order that has already been shipped, please follow Premium Music Products’ Returns process.
17. Compliance with Laws. Buyer will: (a) comply with and ensure that Buyer’s Personnel comply with all applicable laws; all reasonable directions and orders given by Seller’s representatives which are in accordance with this Agreement; and all data protection, drug and alcohol, safety, health and environment guidelines, rules and procedures provided to Buyer by Seller; (b) obtain at Buyer’s expense any necessary licenses or permits for the purchase of the Products pursuant to this Agreement; (c) where Seller is required to comply with any applicable laws with respect to its use of the Products, Buyer shall, upon written notice from Seller, cooperate with Seller in providing information or certification of the Products. Buyer agrees to obtain any required licenses or approvals. In the performance of this Agreement and the Purchase Orders, Buyer will comply with all applicable U.S. Department of Transportation regulations on hazardous materials and any other pertinent federal, state, or local statutes, laws, rules, or regulations. Buyer shall control the disclosure of and access to technical data, information and other items received under this Agreement in accordance with U.S. export control laws and regulations.
18. Force Majeure. Premium Music Products will not be liable to Buyer for any failure to meet its obligations arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of any Government authority, fires, floods, earthquakes, unusually severe weather, epidemics, quarantine restrictions, strikes, embargoes, seizure or freeze of assets, riots, strife, insurrection, civil disobedience, armed conflict, terrorism or war (declared or not), or impending threat of any of the foregoing (if reasonably expected to cause injury to people or property), shortages or inability to obtain materials or components, or delays of a subcontractor of Premium Music Products if such delay arises out of causes beyond the reasonable control of both Premium Music Products and the subcontractor. The due date of any performance affected by such an event will be extended by the period of time that Premium Music Products is actually delayed. If the inability to perform continues for longer than six (6) months, either party may terminate the affected Order by providing written notice to the other party.
2119 Choice of Law and Disputes. Any and all disputes, disagreements or issues arising out of or in any way related to the Products or Premium Music Products’ performance under the Order will be governed by the laws of the State of Utah, without regard to its conflict of laws provisions. The parties disclaim any applicability of the U.N. Convention on the International Sale of Goods, 1980, and any successor treaty. Any disputes under the Order or these Terms and Conditions that cannot be settled by mutual agreement of the parties will be submitted to and decided by a court of competent jurisdiction in the state in which Premium Music Products performs the Order.
20. Waiver. The failure of a party to enforce any of the provisions of these Terms and Conditions or any Order will not waive that provision, nor will any such failure prejudice or affect the other party’s right to enforce that provision in the future.
21. Notices. Any notice between the parties relating to an Order will be in writing and in English, and if to Buyer, to Buyer’s authorized representative or, if to Premium Music Products, to Premium Music Products’ authorized representative at the address specified in the Order, or at such other address as a party may by notice specify to the other. A notice is deemed to have been received upon personal delivery, receipt electronically, or one business day following deposit with an overnight courier, or two calendar days following mailing by certified mail, return receipt requested, with a copy sent to: Attention: Legal Dept., Premium Music Products, LLC., 2256 Modena Cir, St. George, UT 84790.
22. Assignment. Seller may assign any rights or obligations under the Order and these Terms and Conditions without the prior written consent of Buyer. Buyer may assign the Order and these Terms and Conditions without consent of Seller in connection with the sale or transfer of all or substantially all of the assets of the business or Product line to which the Order and these Terms and Conditions pertain, provided that assignment is not made to a party’s direct competitor, and the assignee undertakes all obligations set forth in an Order and these Terms and Conditions. Any assignment in violation of this clause will be void.
23. Headings. Headings set forth in these Terms and Conditions are for convenience of reference only and do not alter the meaning, content, or enforceability of any provision hereof.
24. Severability. In the event any provision of these Terms and Conditions is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such invalid or unenforceable provision, there will be added automatically as part of these Terms and Conditions provisions as similar in terms as may be valid and enforceable under applicable law.
25. Survivability. Upon expiration, completion or termination of the Order, all rights, duties, and obligations which by their nature should remain in force beyond the expiration, completion or termination of the Order, including, but not limited to Payment; Warranty; Confidentiality; Software License; Limitation of Liability; Intellectual Property Liability; Export Controls; and Articles 11 - 25 hereof, will remain in force following such expiration, completion or termination.
26. Entire Agreement. These Terms and Conditions, and all those found on this page, represent the entire agreement and understanding of the parties hereto and supersede all prior negotiations, discussions, correspondence, communications, understandings, representations and agreements, oral or written between the parties relating to the Order.
Terms and Conditions of Purchases
Not happy, I'd really like to correct what I've done to induce such a feeling and instead knock this one out of the park for you; so...seriously, let me know where I've fallen short and I'll make it awesome! If I can't accomplish that, then yeah, I'll process a return for you. Here's how I make those decisions:
There are only 7 spots available for any of our hands-on sessions and if you take one of them, this removes the opportunity for someone else to take your spot. I do not oversell these sessions - I want you to come learn. When you buy one of the available spots you are committing to show up, buy the air fair, and get a hotel room. It’s like taking a private lesson: if you do not show up you still paid for the slot. Full refunds will only be considered if notice is given three weeks in advance (2 weeks makes air fair go up considerably and, consequently, it’s impossible to get someone to come on short notice). A partial refund of 75%will be given for any cancellations inside three weeks of the starting date.
The Repair Shop is not an ADA facility; it’s located inside my home. I’m a strong guy and very creative and the stair case is wide…if you’re willing to try it, I am too! If not, I get that; let’s find a way to get me out to you.
Masterclass Cancellation Policy
I'll do what makes you happy. Seriously, I promise to do what's in my power to make you happy, this has been my entire customer service policy for years. No sense fretting with one another; just let me know what I need to do to make you happy and satisfied with my products.
If any physical product from Premium Music Products is not meeting your needs simply return it for a full refund. It’s just that easy.
If any repair is not done to your satisfaction please give me the first opportunity to make it as awesome as you expect!
If any online product needs to be improved, help me do so! I'll knock it out of the park for you if I know where that wall is, so seriously, let me know.
Product Returns and my promise
This Privacy Policy applies to the websites related to Premium Music Products, LLC, home to Repair Masterclass and Tech-Oil Lubricants, including but not limited to the sites at repairmasterclass.com, premiummusicproducts.com and techoillubricants.com, as well as to any software, services, and/or products offered on such websites (hereafter the “Sites”).
Privacy Policy
Premium Music Products values privacy – ours and yours. To help maintain your privacy and the security of your personal information, we communicate this and all of our privacy policies to Premium Music Products employees and agents, and we internally enforce privacy safeguards. Most recently we have implemented our GDPR compliance efforts with respect to our customers in the EU.
We’ve developed this Privacy Policy to explain how we collect, use, disclose, transfer, and store information received from you in connection with the Sites. Before disclosing information to us, please familiarize yourself with our privacy practices so you can understand how your information may be used by Premium Music Products. If you are a Controller of personal data under the GDPR and want to understand how Premium Music Products processes data please request a copy of our Data Processing Addendum to our End-User License Agreement.
Our Collection and Use of Information:
Premium Music Products may collect information in a number of ways from users who access our Sites or services. We collect personal and non-personal information in various ways. You may provide your information to us to receive a product, service, or communication from us; we may request your information to better serve you; or we may require your information in order to be able to complete a transaction (e.g. a purchase) or provide access (e.g. to a paid service or course).
A. Collection of Personal Information
Personal information (or “Personally Identifiable Information” or “PII”) is information and data that can be used to specifically identify or contact a single person. You may be asked to provide your personal information when you contact Premium Music Products for any reason. Premium Music Products may share your personal information internally. If we do, we will use it in accordance with this Privacy Policy. We may also combine personal information with other information to help us to develop or improve our products, services, content, communications, and/or advertising, or to provide improved user experiences for you.
Personal information we collect
Examples of some types of personal information Premium Music Products may collect in connection with the Sites and how we may use it include the following:
How we use your personal information
GDPR Perspective
CONSENT: Premium Music Products will continue to respect and value privacy in the age of GDPR regulations. To the extent commercially practicable, and in accordance with legal or regulatory requirements we obtain your clear, informed consent before collecting your personal data. We will also always work to balance obtaining clear consent with providing useful and powerful platforms and convenient and graceful user interfaces.
B. Collection of Non-Personal Information
Information of a type or in a form that does not permit direct identification of or association with any specific individual is ‘non-personal information.’ Combinations of personal and non-personal information are considered personal information if the combined information can be used to identify or contact any specific individual(s). Aggregated data is considered non-personal information for the purposes of this Privacy Policy as long as it cannot be used to identify or contact any specific individual. Internet Protocol (IP) addresses and certain other identifiers may be considered personal information under various local laws; we endeavor to comply with the laws and regulations that are applicable to us.
How we collect and use your non-personal information
We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
C. Cookies and Other Technologies
To help Premium Music Products serve you better, we use technological means to better understand and adapt to user behavior. To accomplish this, the Sites, as well as our online software and services, email messages, and advertisements may use cookies or related technology such as pixel tags, clear gifs, and web beacons. These technologies help us to know which parts of the Sites people have visited, and provide data to aid us in understanding the effectiveness of the software services, our advertisements, and web searches. These data are used to improve our software, products, services, communications, and advertisements. We generally consider such information collected through the use of cookies and other technologies as non-personal information, and treat it accordingly.
We also use cookies and other technologies to remember personal information when you use the Sites, software, products, or services. These uses are intended to improve your personal experience. For example, we can provide better and more personal results if we ‘remember’ your preferred settings, your name, and such.
Premium Music Products may use cookies or other technologies in connection with certain advertising services to determine your experience with our content including whether an ad is likely to be of interest to you, whether or not you are served a particular ad, and the number of times you are served a particular ad. These technologies allow us to measure the effectiveness of our ad campaigns. You may have options for opting out of such targeted ads. You should contact your service provider or your mobile provider to inquire about how to do so.
Premium Music Products also uses specific technologies in connection with certain communications such as emails that may be used to track actions by recipients. For example, these communications may include one or more clickable text or graphics that include URLs that link to content on the Sites. However, these URLs, may pass through a web server that tracks the click before arriving at the linked content on the Sites. The tracked data can help Premium Music Products determine the effectiveness of our communications to users and customers, or to gage interest in specific topics. If you prefer not to have your responses to such communications tracked in this manner, do not click links in the email messages. Such communications may also include pixel tags that can tell us whether e.g. an email has been opened. We may use this information to throttle the number of messages sent to users or customers, or to remove people who do not read or interact with our communications from one or more lists.
We also use cookies to track certain behaviors of unknown visitors on our site. E.g. if you visit our site by following a link in an email from a third party or in an advertisement from such a party, we may track that behavior. In such cases, we may not have any personally identifying information about you at that time; however, if you later sign up for a product or service, or make a purchase, we may be able to associate your past behaviors on our sites with you thereafter.
Cookies and other technologies can generally be controlled on your devices. If you want to disable cookies and you should review your privacy or security settings. Please note that certain features of the Sites or related software, products, or services may not be available if you have cookies disabled on your device. We will typically try to warn you that a page or feature you are trying to reach will not function without cookies enabled. If you have your cookies on your device or browser disabled and are having difficulties you may wish to enable them to see if the problem is resolved.
Finally, it's worth mentioning that some of these cookies are essential to the operational functioning of the platform, such as for example those related to the transactional checkout process. Some others, while improving the user experience and feature scope of the platform, are not strictly required to utilize our services such as for example certain tracking cookies.
D. Log Files
As part of standard protocols, Premium Music Products’ servers automatically gather certain information and store it in log files. This information may include date/time stamp of access, Internet Protocol (IP) address(es), device type, operating system, browser and version, language, log-in details, Internet Service Provider (ISP), referring page, exit page, and other data.
These log files are useful for a number of purposes including helping Premium Music Products to maintain security, measure relative usage, understand and analyze trends regarding users, server access, load, or server problems, more effectively and efficiently administer the Sites, as well as related software, products, services, or communications, and gather non-personal demographic information about our users. Consistent with the provisions of this Privacy Policy, Premium Music Products may use the data in its Log Files in a variety ways useful to its business or to provide better experiences for its users and customers.
E. Social Media
Premium Music Products may collect certain information from you if you interact with us via social media such as Facebook, Twitter, LinkedIn, Google+, Pinterest, Snapchat, Instagram, and other such services. For example, you may be given the option to register for webinars, take advantage of special offers, receive mailings, newsletters or the like, via your social media account. The information we receive or collect from such social media, and our ability to collect it, may depend on the social media site, its policies, and its requirements or its technology. We may collect the information you provide from these social media interactions and may use it for various purposes to improve our services or your experience, or to contact you regarding the reason you connected with us or with additional offers in the future. Of course, you have the opportunity to opt-out at any time provided we do not require a means of contacting you to fulfill your request.
F. Children
Protecting children's privacy is important to Premium Music Products. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, we restrict our website use to persons eighteen years or older. Therefore, we do not knowingly collect personal information from children under 18. If we learn that Premium Music Products has inadvertently collected or received the personal information of a child under 18 we will take steps to delete the information.
[PLEASE NOTE: You must be 18 or older to use the Sites, and to purchase the software, products, or services offered via the Sites without an adult (parent or guardian).]
DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED VIA THIS WEBSITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IT IS NOT MONITORED AS DOING SO.
Notwithstanding the foregoing, if we discover or form a reasonable belief that we have received any information from a child under 18 in violation of this policy, we will delete that information. If you believe Premium Music Products has any information from a child under age 18, please contact us at the following address:
Disclosure to Third Parties
At times, Premium Music Products may make certain personal information available to strategic partners that work with us to provide software, products and services, or that help us service our customers. Personal information will only be shared by Premium Music Products to provide or improve the Sites, and our software, products, services, and advertising.
A. Service Providers
To provide its various products or services, Premium Music Productsworks with third party providers, who may be located wherever Premium Music Products operates, or in any other location. Such companies provide services to Premium Music Products. Examples may include information processing, emailing services, server hosting, transaction processing and banking services, video hosting, product/service delivery, communications, managing and enhancing customer data, providing technical support and/or customer service, and conducting customer research or satisfaction surveys. At any given time, Premium Music Products may work with one or more such provider. We will only provide personal information to these companies where required for them to provide their services, or to improve our products or services for our customers. These companies are contractually obligated to protect your information.
B. Others
Premium Music Products will not share PII with third parties for their marketing purposes. In some cases, Premium Music Products may be required by legal process to disclose your personal information. Such disclosure may be compelled by applicable law, regulation, judicial order, and/or lawful requests from local authorities. Premium Music Products may also disclose information about you if we determine, in our sole discretion, that disclosure is necessary or appropriate to ensure the safety of any individual(s), or for purposes of national security, law enforcement, or other issues of public importance.
If the Sites and/or software, products, or services, or Premium Music Products, LLC becomes the subject of a reorganization under the bankruptcy law, a merger, a sale, or other change in control, any and all personal information in Premium Music Products ’s control will be transferred to the trustee, debtor in possession, successor, acquirer, or such other third party as will control Premium Music Products, the Sites, and/or software, products, or services thereafter.
We reserve the right to disclose personal information if we reasonably believe that disclosure is necessary to protect our users, customers, or the public, prevent fraud or financial wrongdoing, or in any action to enforce our End User License Agreement, Terms and Conditions, or other policies regarding Premium Music Products.
GDPR Perspective
DISCLOSURE and USE: Premium Music Products will let users know to whom we are disclosing personal information, and how it is being used. Of course, you should already know that we only use personal information to provide the services that you want. We are in the business of providing industry-leading software platforms and will continue to do just that.
Personal Information Protection
Premium Music Products uses commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access of personal information to our employees, contractors, and/or agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Premium Music Products and its third party providers use Secure Sockets Layer (SSL) encryption on all web pages where personal information, including financial information is transmitted.
You are solely responsible for any personal information you choose to submit on non-secure sites including but not limited any discussion forums or public comment threads on the Sites, or any social media sites, groups, or threads related to the Sites or the related software, products, or services.
Access to Your Personal Information
Premium Music Products software customers should periodically log in to review your name, contact information and other readily available personal information, and to ensure they are accurate, complete, and up to date. You can make changes to your information. Changes to your personal details and particulars should be made through the software.
You can request access to any personal information we have for you. We will make a good faith effort to provide you with access to reasonably accessible information. You can request that we correct the data if it is inaccurate or delete your personal data. Premium Music Products will comply with such requests if they are reasonable and we will delete your data if Premium Music Products is not required to retain it by law, and does not require it for legitimate business purposes. We may reserve the right to refuse deletion requests that we believe require undue time, or technical effort, or where not provided by local law. We also reserve the right to deny or delay requests where the personal information is scheduled to be deleted as part of any upcoming purge of data that is not being retained. Requests for access, correction, or deletion can be submitted to steve@repairmasterclass.com.
GDPR Perspective
The RIGHT to KNOW and the RIGHT to BE FORGOTTEN: The GDPR gives you these rights and Premium Music Products has worked to provide state of the art tools to enable every user to know what we know, and to ask us to ‘forget’ them. Of course, we think it would be foolish since you would no longer be able to use our amazing software, but the GDPR gives you that right as well.
Links to Third-Party Sites
The Sites, software, products, services, and communications may contain links to third-party websites, products, or services. Information collected by third parties is governed by their privacy practices, not this Privacy Policy. Please be aware when you leave the Sites and understand that you are subject to a third party’s privacy policy except when you are on the Sites, or using Premium Music Products’ related software, products, or services.
EUROPEAN UNION Users: The GDPR
Premium Music Products is a fully compliant Processor of Personal Data under the GDPR. If you have any questions about your ability to use our software platforms in the EU or with regard to your EU customer’s data, feel free to contact our Data Protection Officer, Steve France at steve@repairmasterclass.com to discuss, or request a copy of our Data Processing Addendum to our EULA.
Changes to this Privacy Policy and Privacy Questions
If you have any questions or concerns about this Privacy Policy please email us at steve@repairmasterclass.com
This Privacy Policy is subject to change from time to time at Premium Music Products’ sole discretion. Please check this page periodically for changes. Any such changes to the Privacy Policy will be available on this page. If the policy has been changed in a material way, a notice will be posted on our website along with a link to the updated Privacy Policy. Your continued use of our site following the posting of changes to these terms will mean you accept the changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
Notice of Compliance to California Residents
Your California Privacy Rights Under The California Online Privacy Protection Act and the California Business and Professions Code
This privacy policy identifies the categories of personally identifiable information that our company collects through our website or online services about individual consumers who use or visit Premium Music Products' commercial websites or online services in connection with Repair Masterclass, and techoillubricants.com (collectively “the Sites”) and the categories of third-party persons or entities with whom our company may share that personally identifiable information.
Premium Music Products does not maintain an online process for an individual consumer who uses or visits our commercial website or online service to review and request changes to any of his or her personally identifiable information that is collected through our website or online service.
See the section above titled "Changes To This Privacy Policy" for a description of the process by which our company notifies consumers who use or visit our commercial website or online service of material changes to our company's privacy policy for this website or online service.
The effective date of this Privacy Policy is listed at the end of this privacy policy under the heading, "Last Updated."
For the purposes of this policy and California compliance the following definitions apply:
Depending on your activity on our website or online service, the following "personally identifiable information" may be collected, in addition to what is in prior sections of this document.
The term "personally identifiable information" means individually identifiable information about an individual consumer collected online via the Sites from an individual and maintained by us in an accessible form and may include any of the following:
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to legal@genesisdigital.co and please include the phrase "California Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and e-mail address. We will respond to you within thirty (30) days of receiving such a request.
"Cookies" and How We Use Them
A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites. The Sites may use cookies to collect, store, and sometimes track information for purposes stated earlier as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. We may also use cookies for purposes of personalizing your experience on the Sites, or for providing online behavioral advertising such a retargeting or remarketing. These uses provide you with additional opportunities to take advantage of our services or products, and provide us with additional opportunities to reach you with personalized offers more tailored to your interests. Advertisers and partners may also use their own cookies (e.g. on their own sites). Premium Music Products does not control any third party’s use of such cookies and we expressly disclaim responsibility for information collected by or through them.
Public Areas & Social Media: Any information you disclose in any public areas of our website or the Internet, including via social media becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
This Privacy Policy does not create any contractual or other legal rights in or on behalf of Premium Music Products or any other party and is not intended to create any such rights.
Privacy Policy
1. Every class is offered online via Zoom or other similar delivery tools. The course is hosted by and through Repair Masterclass to avoid any technical issues created by 3rd and 4th party software overlays. Course notes are provided online by and through RepairMasterclass.com and made accessible to each student for life. In this way, content is available and accessible to students for years to come 5 minutes before a concert…when they really need a refresher on the information because a student has a broken instrument.
2. Tools are highly encouraged for course participation but not required; the quality of education received from this course will be in direct correlation to the students' ability and willingness to participate alongside me with their own tools. To help facilitate this, Repair Masterclass provides a list of tools (most of which can be found at any public school) and suggestions on where to get them. Speciality tools are available directly from certain tool sources for a premium price - they are also available at a significant discount through Repair Masterclass with sales of tools going directly through repairmasterclass.com. I understand the potential conflict this creates for certain bureaucracies. I only make this available to save students a significant amount of money on tools, as most tool companies will not sell to teachers.
3. Due to the number of institutions I work for, I ask for a business to business relationship where the institution buys access to this course from me for a fee rather than bringing me on as adjunct faculty. The process of becoming faculty at so many institutions is disheartening, frustrating and incredibly time-consuming for the return. I understand the power of bureaucracy, yet I ask for your great efforts in creativity and consideration to this end. If a B2B relationship is not possible, I will first ask you for an outline of hiring procedures from your institutions HR department prior to agreeing to teach a class and I hold the right to remove myself from any obligation made unprofitable by unnecessary hiring procedures.
4. All correspondence regarding a class taught by Repair Masterclass, regardless of institutional policies, will be done to and through steve@repairmasterclass.com. I do not use individual university email services. If your institution requires such, the I.T. department must set up a bounce to steve@repairmasterclass.com. I do not get paid to do this type of IT work and doing so quickly makes a class unprofitable. I appreciate your understanding.
I'll do what makes you happy. Seriously, I promise to do what's in my power to make you happy, this has been my entire customer service policy for years. No sense fretting with one another; just let me know what I need to do to make you happy and satisfied with my products.
If any physical product from Premium Music Products is not meeting your needs simply return it for a full refund. It’s just that easy.
If any repair is not done to your satisfaction please give me the first opportunity to make it as awesome as you expect!
If any online product needs to be improved, help me do so! I'll knock it out of the park for you if I know where that wall is, so seriously, let me know.
Class particulars for Institutional Partners
Terms and Conditions of Apprenticeship Purchase:
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING APPRENTICE RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO BUYER. PLEASE READ IT CAREFULLY.
BY ACCEPTING THE APPRENTICESHIP POSITION AND MAKING PAYMENT TO SECURE YOUR SPOT, BUYER AFFIRMS THAT BUYER AND APPRENTICE IS OF LEGAL AGE TO ENTER INTO THIS TRANSACTION, AND ACCEPTS TO BE BOUND BY THESE TERMS AND CONDITIONS. BUYER AFFIRMS THAT IF BUYER PURCHASES AN APPRENTICESHIP SLOT ON BEHALF OF AN INDIVIDUAL, BUYER HAS THE LEGAL AUTHORITY TO BIND ANY SUCH INDIVIDUAL TO THESE TERMS AND CONDITIONS.
BUYER MAY NOT ORDER OR OBTAIN PRODUCTS, EDUCATION OR SERVICES FROM PREMIUM MUSIC PRODUCTS IF BUYER OR APPRENTICE (i) DOES NOT AGREE TO THESE TERMS;, (ii) IS NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH PREMIUM MUSIC PRODUCTS, INC.;, OR (iii) IS PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
1. Applicability. These terms and conditions do not supersede any terms and conditions listed on this page but are, instead, in addition to those listed and are intended for those entering into agreement with Premium Music Products, LLC. (“Premium Music Products”, “Company” “PMP”) for the express purpose of obtaining professional training as an apprentice. Any changes to these Terms and conditions will be in effect as of the “Last Updated Date” referenced on the Site. Buyer’s continued use of the Site or of the services offered by Premium Music Products after the “Last Updated Date” will constitute Buyer’s acceptance of and agreement to any such changes. These Terms and Conditions take precedence over any and all other terms and conditions and agreements that may be in place between Premium Music Products and Buyer for this Order.
2. Buyer. Premium Music Products recognizes and expresses a difference of rights for those involved in the purchase of an apprenticeship: that of a company, institution or individual (CII) purchasing education and services from Premium Music Product for and in behalf of an individual apprentice and that of the individual person or apprentice, and PMP reserves the right to communicate jointly and separately to each party involved in this agreement. Use and obtainment of education and services for each party involved is, by the very nature of the educational opportunity being offered as an apprenticeship by PMP, separate and different in scope, possession and expectation of delivery to each party. When a CII purchases an apprenticeship spot for another individual, they do so with full understanding that the education is being provided to said individual and not to the CII paying for the apprenticeship and as such have no rights to the use, possession of or expectation of delivery of any education or resources to the company, institution or individual making the purchase. Instead, the CII making said purchase agrees and demonstrates intent for all education, educational materials and training to be given to and to be the sole possession of the individual apprentice themself and will not hold, expect or intend for the apprentice to recreate, confer or transfer ownership or possession of any education, educational resources or training to the CII making the purchase.
The apprentice, wether the education is being purchased by a CII or by themselves, has sole ownership of the education, resources and training they obtain during their purchased time as an apprentice but understands the materials remain the copyright of PMP and can not be redistributed, copied, or used in any way without the express written consent of Steve France, owner of Premium Music Products, LLC.
2. Terms of Use and Privacy Policy. These Terms and Conditions are an integral part of the Apprenticeship as well as the Website Terms of Use that apply generally to the use of the Site and its educational materials. By entering into any transaction, Buyer affirms that Buyer has reviewed the Website Terms of Use and Premium Music Products’ Privacy Policy prior to placing an Order for Products, Services or education through this Site or directly with Premium Music Products.
3. Payment. This section is in addition to the Payment section (5) under Terms & Conditions at the top of this page, adding to and not superseding that section with this section (3) under Apprenticeship Terms and Conditions. PMP accepts approved credit cards as described above but prefers payment by cash or check for apprenticeship payments. A discount is available for payment in full but there are three payment options as outlined on this page for your reference. These prices are subject to change but once you’ve signed on and made your down payment, your price will be locked in for the duration of your apprenticeship. If you choose to make two payments by credit card, the second payment will automatically be drawn from the same card exactly 6 months from the time of your first payment. If you choose to make 4 payments by credit card, the 2nd payment will automatically be drawn from the same card exactly 3 months later with the 3rd and 4th payments drawing in a likewise manner, each 3 months apart.
4. Prices. See section 6 under Terms & Conditions above, this section adds to and does not supersede that section with this section. Your purchase of an apprenticeship from Premium Music Products covers only your tuition and will get you access to all of the online course materials available from Repair Masterclass, a PMP division. Premium Music Products will provide all necessary tools, supplies and equipment necessary for your apprenticeship, giving you the opportunity to try various tools out before you invest in some yourself.A tools list will be given to help you decide what tools you will need in the future and help you gauge the readiness of those shops you interview with after your apprenticeship. No compensation is or will be offered for housing, meals, travel or any other expense you may incur. Your deposit (see below) is due upon acceptance to the apprenticeship and can be paid on this page; the first tuition payment is due 1 month prior to your start date, the timing of any payments you choose to make will continue from that date, not your start date.
5. Deposit, Refunds and Cancellation. Life happens, plans change and gaining access to this apprenticeship is a selective process with limited availability. This is why a deposit is required to secure your spot. Deposit is made at the time of you accepting the apprenticeship, if it is offered to you, and is paid on this page. This is a non-refundable deposit, but it does count toward your tuition should you proceed with the apprenticeship. No tuition is due until 1 month prior to your apprenticeship unless you choose to make payment early; if you do, all of your tuition will be refunded if you choose not to attend the apprenticeship offered minus your deposit which will not be returned.
If you need to change your start date for any reason, advance notice of more than 30 days is required. PMP will work with you to accommodate your individual needs and adjustments can be made as long as they are mutually amicable.
6. Delivery. PMP has no control over your circumstances and has no obligation to provide you any education if you do not show up. It is expected you arrive on time 5 days a week for the 12 months of your apprenticeship and stay for a full 8 hours of bench time in order for you to receive what is intended. If you fail to do so, PMP is under zero obligation to extend your apprenticeship. Furthermore, you have purchased a 12 month window of time to gain as much knowledge as possible and it is your obligation to study, focus, hone skills and achieve in order to gain such knowledge and you recognize the fact that PMP can not affect your learning ability, speed or aptitude for the trade and therefore the amount of knowledge you leave with will vary as a result.
As an apprentice, you will work in the same space as your instructor(s) and have continuous access to them. As the apprentice, it is your obligation, and our expectation that you interrupt our daily work flow when you have questions. We reserve the educational right to suggest you continue to work out the solution yourself when we see fit, but you will have constant access to your instructor(s).
If, after you start your apprenticeship, you become unable to complete the program for any reason, consideration will be given to your circumstance but PMP is under no obligation to accommodate your situation. If you are unable to complete the program, your tuition will be refunded on a pro-rated basis figured by the day on a 260 day year (5 days a week, 52 weeks a year). Your tuition is held in earnest until you have completed your 12 months to ensure this return of tuition and it will be refunded to you within 6 months of you dropping out to accommodate withdrawing this money from the earnest account of our choice.
PMP will release access to the online materials 30 days prior to your start date and you will have lifetime access to these materials as long as you complete your apprenticeship. If you cancel the apprenticeship, we will discuss access to the online materials. Should you desire to keep access to those materials, they will be paid for at the current market value and that will come out of the refund. If you choose to have no access to those materials, then a full, prorated refund will come your way.
After your apprenticeship, you will maintain access to the online materials for life and through those materials and the related help desk, have access to the technicians for further assistance. No other training, is being offered.
7. Confidentiality. Apprentice may receive, view or become exposed to Premium Music Products’ confidential or proprietary information, including but not limited to designs, technical documents, training materials, instructions, trade secrets, business information of or from B2B relationships of PMP, data or know-how pertaining to the products, services and training covered under or during this transaction(collectively “Confidential Information”). Confidential information will not include information that: (a) is already know to Apprentice prior to the disclosure by Premium Music Products without an obligation of confidentiality; (b) is or becomes available to the general public through no act or fault of PMP; or (c) is rightfully disclosed to Apprentice by a third party without an obligation of confidentiality.
Apprentice agrees it will maintain the Confidential information of Premium Music Products in confidence and will use such information only of the purposes of this long-term Transaction. Confidential Information may be disclosed by Apprentice within its organization only to specific employees who have a need to know such information for the purposes of the Transaction and inform those employees of these Terms and Conditions. Apprentice will not transmit or disclose Confidential Information to others without the prior written consent of PMP. Apprentice warrants that it will not divulge, disclose or in any way distribute or make use of Confidential Information, and that it will not manufacture, repair (or enable a third party to manufacture or repair), alter, modify, decompile, disassemble, reverse engineer, translate or Crete derivative works of PMP’s Products or educational materials. Upon the earlier of: (i) termination; (ii) expiration; or (iii) completion of performance of PMP’s obligations under the Order, Apprentice will return to PMP any PMP Confidential Information, including all copies thereof. Breach of this section will result in liquidated damages in the amount of $5000.00, plus attorney fees and court costs. By entering into this agreement, apprentice agrees to pay these specific damages upon any breach of confidentiality or this clause.
9. Copyright. The materials, descriptions, tools, gigs, handouts, downloads, pdf’s, and any other materials obtained by Buyer over or though the apprenticeship are the copyright material of Premium Music Products. No distribution, copy, reproduction of any kind, sharing, editing, modifying or preserving beyond normal and reasonable means is allowed unless written permission from Premium Music Products is secured through the Contact Us portion of this site.
10. Limitation of Liability. WHETHER ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT OR OTHERWISE, IN NO EVENT WILL PREMIUM MUSIC PRODUCTS BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW. PREMIUM MUSIC PRODUCTS’ LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THE SUPPLY OF ANY PRODUCT IS LIMITED TO THE ORDER PRICE FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. IN NOT EVENT OF PHYSICAL HARM WILL PREMIUM MUSIC PRODUCTS BE LIABLE AS SUCH HARM ARISES FROM THE ACT OF REPAIRING MUSICAL INSTRUMENTS OR ANY OTHER HARM ARISING FROM ANY ATTEMPTS MADE BY BUYER. USE OF OUR PRODUCTS, PHYSICAL OR DIGITAL ONLINE PRODUCTS IS DONE AT YOUR SOLE DISCRESSION AND BUYER ASSUMES ALL RESPONSIBILITIES OF PHYSICAL HARM.
11. Intellectual Property Liability. Premium Music Products will have no obligation to defend and no liability to Apprentice for any costs, losses or damages, to the extent that an infringement allegation is based upon: (a) Buyer’s use of the Product in combination with any other Product, digital or physical; (b) Buyer’s use of the Products in a manner or for an application other than for which they were designed or intended, regardless of whether Premium Music Products was aware of or had been notified of such use; (c) Buyer’s use of the Products in a repair function or other process; (d) Buyer’s modifications to the Products; (e) Premium Music Products’ compliance with Buyer’s particular design, instructions or specifications; or (f) Premium Music Products’ compliance with any industry or proprietary standard or Buyer’s use of the Products to make any modification of any industry or proprietary standard.
THIS SECTION STATES PREMIUM MUSIC PRODUCTS’S ENTIRE LIABILITY AND BUYER’S SOLE RECOURSE AND REMEDY WITH RESPECT TO INFRINGEMENT. ALL OTHER WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, STATUTORY, EXPRESS OR IMPLIED, ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMED.
12. Choice of Law and Disputes. Any and all disputes, disagreements or issues arising out of or in any way related to the Products, Services or educational training, or Premium Music Products’ performance under the Order will be governed by the laws of the State of Utah, without regard to its conflict of laws provisions. The parties disclaim any applicability of the U.N. Convention on the International Sale of Goods, 1980, and any successor treaty. Any disputes under the Order or these Terms and Conditions that cannot be settled by mutual agreement of the parties will be submitted to and decided by a court of competent jurisdiction in the state in which Premium Music Products performs the Order.
13. Force Majeure. Premium Music Products will not be liable to Apprentice for any failure to meet its obligations arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of any Government authority, fires, floods, earthquakes, unusually severe weather, epidemics, quarantine restrictions, strikes, embargoes, seizure or freeze of assets, riots, strife, insurrection, civil disobedience, armed conflict, terrorism or war (declared or not), or impending threat of any of the foregoing (if reasonably expected to cause injury to people or property), shortages or inability to obtain materials or components, or delays of a subcontractor of Premium Music Products if such delay arises out of causes beyond the reasonable control of both Premium Music Products and the subcontractor. The due date of any performance affected by such an event will be extended by the period of time that Premium Music Products is actually delayed. If the inability to perform continues for longer than six (6) months, either party may terminate the affected Order by providing written notice to the other party.
14. Waiver of Liability. The failure of a party to enforce any of the provisions of these Terms and Conditions or any Order will not waive that provision, nor will any such failure prejudice or affect the other party’s right to enforce that provision in the future.
Apprentice and Buyer acknowledge that physical injury is very likely in this transaction and hereby release Premium Music Products, it’s Member Managers, Owners, Educators, Technicians, and staff from any liability of bodily injury and understand repair is an inherently dangerous occupation and know that injuries will be incurred. Apprentice will proceed with the utmost care to ensure their own safety including but not limited to taking the time to understand the proper use of all equipment, it’s parts and safe operating procedures; using tools as designed and for their intended purposes; applying all suggestions of proper stance and approach to my work; using proper safety equipment at all times including hearing and eye protection; monitoring my safety equipment for defects or damage and asking for it to be replaced immediately when any issues are found; drying up any spillage of any sort and taking proper measures to clean the area to avoid slippage, etc.
Apprentice and Buyer hereby waives any liability or cause of action against PMP or its agents/assigns for any injury, physical or otherwise, sustained in the course of executing this agreement. Apprentice assumes all risk and holds PMP or it’s agents harmless for any damages, be they financial, physical or otherwise.
15. Notices. Any notice between the parties relating to the Apprenticeship will be in writing and in English, and if to Apprentice, to Apprentice’s authorized representative or, if to Premium Music Products, to Premium Music Products’ authorized representative at the address specified in the request for education Order, or at such other address as a party may by notice specify to the other. A notice is deemed to have been received upon personal delivery, receipt electronically, or one business day following deposit with an overnight courier, or two calendar days following mailing by certified mail, return receipt requested, with a copy sent to: Attention: Legal Dept., Premium Music Products, LLC., 2256 Modena Cir, St. George, UT 84790.
16. Assignment. Seller may assign any rights or obligations under the Order and these Terms and Conditions without the prior written consent of Apprentice. If Apprentice’s principle or supervisor is paying for PMP’s services regarding Apprentice, said principle or supervisor is not entitled to legal rights to the information or training PMP provides apprentice. Apprentice shall be the sole legal owner of the information obtained by PMP and, upon any potential separation of Apprentice from its principle or supervisor, any information obtained by Apprentice shall go with him or her and shall not remain the intellectual property of any entity associated with Apprentice. Further, Apprentice is hereby bound to prevent his or her training and information obtained from PMP to be passed on to his or her principle or supervisor upon separation from the same. Breach of this section shall incur the consequences or liquidated damages outlined in Section 7, above.
17. Headings. Headings set forth in these Terms and Conditions are for convenience of reference only and do not alter the meaning, content, or enforceability of any provision hereof.
18. Severability. In the event any provision of these Terms and Conditions is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such invalid or unenforceable provision, there will be added automatically as part of these Terms and Conditions provisions as similar in terms as may be valid and enforceable under applicable law.
19. Survivability. Upon expiration, completion or termination of the Order, all rights, duties, and obligations which by their nature should remain in force beyond the expiration, completion or termination of the Order, including, but not limited to Payment; Warranty; Confidentiality; Software License; Limitation of Liability; Intellectual Property Liability; Export Controls; and Articles 11 - 25 hereof, will remain in force following such expiration, completion or termination.
Apprenticeship Terms & Conditions
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