AGREEMENT TO LEGAL TERMS
I am Edward Pearlman ("Company,"
"we," "us," "our"), a company registered
in Maine, United States at P.O. Box
15002, Portland, ME 04112.
Ioperate the website
https://www.edpearlman.net (the "Site"),
as well as any other related products and
services that refer or link to these legal
terms (the "Legal Terms") (collectively,
the "Services").
I offer information about my musical
activities and products.
You can contact me by phone at
207-
lessons@edpearlman.net, or by mail to
P.O. Box 15002, Portland, ME
04112, United States.
These Legal Terms constitute a legally
binding agreement made between you,
whether personally or on behalf of an
entity ("you"), and Edward Pearlman,
concerning your access to and use of the
Services. You agree that by accessing the
Services, you have read, understood, and
agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU
MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the
Services from time to time are hereby
expressly incorporated herein by
reference. We reserve the right, in our
sole discretion, to make changes or
modifications to these Legal Terms from
time to time. We will alert you about any
changes by updating the "Last updated"
date of these Legal Terms, and you
waive any right to receive specific notice
of each such change. It is your
responsibility to periodically review
these Legal Terms to stay informed of
updates. You will be subject to, and will
be deemed to have been made aware of
and to have accepted, the changes in any
revised Legal Terms by your continued
use of the Services after the date such
revised Legal Terms are posted.
The Services are intended for users who
are at least 13 years of age. All users
who are minors in the jurisdiction in
which they reside (generally under the
age of 18) must have the permission of,
and be directly supervised by, their
parent or guardian to use the Services. If
you are a minor, you must have your
parent or guardian read and agree to
these Legal Terms prior to you using the
Services.
We recommend that you print a copy of
these Legal Terms for your records.
1. OUR SERVICES The information
provided when using the Services is not
intended for distribution to or use by any
person or entity in any jurisdiction or
country where such distribution or use
would be contrary to law or regulation or
which would subject us to any
registration requirement within such
jurisdiction or country. Accordingly,
those persons who choose to access the
Services from other locations do so on
their own initiative and are solely
responsible for compliance with local
laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply
with industry-
(Health Insurance Portability and
Accountability Act (HIPAA), Federal
Information Security Management Act
(FISMA), etc.), so if your interactions
would be subjected to such laws, you
may not use the Services. You may not
use the Services in a way that would
violate the Gramm-
(GLBA).
2. INTELLECTUAL PROPERTY
RIGHTS Our intellectual property: We
are the owner or the licensee of all
intellectual property rights in our
Services, including all source code,
databases, functionality, software,
website designs, audio, video, text,
photographs, and graphics in the
Services (collectively, the "Content"), as
well as the trademarks, service marks,
and logos contained therein (the
"Marks").
Our Content and Marks are protected by
copyright and trademark laws (and
various other intellectual property rights
and unfair competition laws) and treaties
in the United States and around the
world.
The Content and Marks are provided in
or through the Services "AS IS" for your
personal, non-
Your use of our Services: Subject to
your compliance with these Legal
Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant
you a non-
revocable license to: • access the
Services; and • download or print a copy
of any portion of the Content to which
you have properly gained access solely
for your personal, non-
Except as set out in this section or
elsewhere in our Legal Terms, no part of
the Services and no Content or Marks
may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly
displayed, encoded, translated,
transmitted, distributed, sold, licensed,
or otherwise exploited for any
commercial purpose whatsoever, without
our express prior written permission.
If you wish to make any use of the
Services, Content, or Marks other than
as set out in this section or elsewhere in
our Legal Terms, please address your
request to: lessons@edpearlman.net. If
we ever grant you the permission to post,
reproduce, or publicly display any part of
our Services or Content, you must
identify us as the owners or licensors of
the Services, Content, or Marks and
ensure that any copyright or proprietary
notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly
granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach
of our Legal Terms and your right to use
our Services will terminate immediately.
Submissions: By directly sending us any
question, comment, suggestion, idea,
feedback, or other information about the
Services ("Submissions"), you agree to
assign to us all intellectual property
rights in such Submission. You agree
that we shall own this Submission and
be entitled to its unrestricted use and
dissemination for any lawful purpose,
commercial or otherwise, without
acknowledgment or compensation to
you.
Copyright infringement: We respect the
intellectual property rights of others. If
you believe that any material available
on or through the Services infringes
upon any copyright you own or control,
please immediately refer to the
“COPYRIGHT INFRINGEMENTS”
section below.
3. USER REPRESENTATIONS By
using the Services, you represent and
warrant that: (1) all registration
information you submit will be true,
accurate, current, and complete; (2) you
will maintain the accuracy of such
information and promptly update such
registration information as
necessary; (3) you have the legal
capacity and you agree to comply with
these Legal Terms; (4) you are not under
the age of 13; (5) you are not a minor in
the jurisdiction in which you reside, or if
a minor, you have received parental
permission to use the Services; (6) you
will not access the Services through
automated or non-
whether through a bot, script or
otherwise; (7) you will not use the
Services for any illegal or unauthorized
purpose; and (8) your use of the Services
will not violate any applicable law or
regulation.
If you provide any information that is
untrue, inaccurate, not current, or
incomplete, we have the right to suspend
or terminate your account and refuse any
and all current or future use of the
Services (or any portion thereof).
4. PRODUCTS We make every effort to
display as accurately as possible the
colors, features, specifications, and
details of the products available on the
Services. However, we do not guarantee
that the colors, features, specifications,
and details of the products will be
accurate, complete, reliable, current, or
free of other errors, and your electronic
display may not accurately reflect the
actual colors and details of the products.
All products are subject to availability,
and we cannot guarantee that items will
be in stock. We reserve the right to
discontinue any products at any time for
any reason. Prices for all products are
subject to change.
5. PURCHASES AND PAYMENT We
accept all forms of payment allowed by
PayPal.
You agree to provide current, complete,
and accurate purchase and account
information for all purchases made via
the Services. You further agree to
promptly update account and payment
information, including email address,
payment method, and payment card
expiration date, so that we can complete
your transactions and contact you as
needed. Sales tax will be added to the
price of purchases as deemed required by
us. We may change prices at any time.
You agree to pay all charges at the prices
then in effect for your purchases and any
applicable shipping fees, and you
authorize us to charge your chosen
payment provider for any such amounts
upon placing your order. We reserve the
right to correct any errors or mistakes in
pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order
placed through the Services. We may, in
our sole discretion, limit or cancel
quantities purchased per person, per
household, or per order. These
restrictions may include orders placed by
or under the same customer account, the
same payment method, and/or orders that
use the same billing or shipping address.
We reserve the right to limit or prohibit
orders that, in our sole judgment, appear
to be placed by dealers, resellers, or
distributors.
6 RETURN/REFUNDS POLICY All
sales are final and no refund will be
issued unless a product is defective or
not received.
7. PROHIBITED ACTIVITIES You
may not access or use the Services for
any purpose other than that for which we
make the Services available. The
Services may not be used in connection
with any commercial endeavors except
those that are specifically endorsed or
approved by us.
As a user of the Services, you agree not
to: • Systematically retrieve data or
other content from the Services to create
or compile, directly or indirectly, a
collection, compilation, database, or
directory without written permission
from us. • Trick, defraud, or mislead
us and other users, especially in any
attempt to learn sensitive account
information such as user passwords. •
Circumvent, disable, or
otherwise interfere with security-
features of the Services, including
features that prevent or restrict the use or
copying of any Content or enforce
limitations on the use of the Services
and/or the Content contained therein. •
Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the
Services. • Use any information
obtained from the Services in order to
harass, abuse, or harm another person.
• Make improper use of our
support services or submit false reports
of abuse or misconduct. • Use the
Services in a manner inconsistent with
any applicable laws or regulations. •
Engage in unauthorized framing
of or linking to the Services. • Upload or
transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of
capital letters and spamming (continuous
posting of repetitive text), that interferes
with any party’s uninterrupted use and
enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes
with the use, features, functions,
operation, or maintenance of the
Services. • Engage in any automated
use of the system, such as using scripts
to send comments or messages, or using
any data mining, robots, or similar data
gathering and extraction tools. •
Delete the copyright or other
proprietary rights notice from any
Content. • Attempt to impersonate
another user or person or use the
username of another user. • Upload or
transmit (or attempt to upload or to
transmit) any material that acts as a
passive or active information collection
or transmission mechanism, including
without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels,
web bugs, cookies, or other similar
devices (sometimes referred to as
"spyware" or "passive collection
mechanisms" or "pcms"). • Interfere
with, disrupt, or create an undue burden
on the Services or the networks or
services connected to the Services. •
Harass, annoy, intimidate, or
threaten any of our employees or agents
engaged in providing any portion of the
Services to you. • Attempt to bypass
any measures of the Services designed to
prevent or restrict access to the Services,
or any portion of the Services. •
Copy or adapt the Services'
software, including but not limited to
Flash, PHP, HTML, JavaScript, or other
code. • Except as permitted by
applicable law, decipher, decompile,
disassemble, or reverse engineer any of
the software comprising or in any way
making up a part of the Services. •
Except as may be the result of
standard search engine or Internet
browser usage, use, launch, develop, or
distribute any automated system,
including without limitation, any spider,
robot, cheat utility, scraper, or offline
reader that accesses the Services, or use
or launch any unauthorized script or
other software. • Use a buying
agent or purchasing agent to make
purchases on the Services. • Make any
unauthorized use of the Services,
including collecting usernames and/or
email addresses of users by electronic or
other means for the purpose of sending
unsolicited email, or creating user
accounts by automated means or under
false pretenses. • Use the Services
as part of any effort to compete with us
or otherwise use the Services and/or the
Content for any revenue-
endeavor or commercial enterprise. •
Use the Services to advertise or
offer to sell goods and services. •
Sell or otherwise transfer your
profile.
8. THIRD-
CONTENT The Services may contain
(or you may be sent via the Site) links to
other websites ("Third-
as well as articles, photographs, text,
graphics, pictures, designs, music,
sound, video, information, applications,
software, and other content or items
belonging to or originating from third
parties ("Third-
Third-
Content are not investigated, monitored,
or checked for accuracy,
appropriateness, or completeness by us,
and we are not responsible for any
Third-
the Services or any Third-
posted on, available through, or installed
from the Services, including the content,
accuracy, offensiveness, opinions,
reliability, privacy practices, or other
policies of or contained in the
Third-
Content. Inclusion of, linking to, or
permitting the use or installation of any
Third-
Third-
approval or endorsement thereof by us. If
you decide to leave the Services and
access the Third-
or install any Third-
do so at your own risk, and you should
be aware these Legal Terms no longer
govern. You should review the
applicable terms and policies, including
privacy and data gathering practices, of
any website to which you navigate from
the Services or relating to any
applications you use or install from the
Services. Any purchases you make
through Third-
through other websites and from other
companies, and we take no responsibility
whatsoever in relation to such purchases
which are exclusively between you and
the applicable third party. You agree and
acknowledge that we do not endorse the
products or services offered on
Third-
us blameless from any harm caused by
your purchase of such products or
services. Additionally, you shall hold us
blameless from any losses sustained by
you or harm caused to you relating to or
resulting in any way from any
Third-
Third-
9 SERVICES MANAGEMENT We
reserve the right, but not the obligation,
to: (1) monitor the Services for
violations of these Legal Terms; (2) take
appropriate legal action against anyone
who, in our sole discretion, violates the
law or these Legal Terms, including
without limitation, reporting such user to
law enforcement authorities; (3) in our
sole discretion and without limitation,
refuse, restrict access to, limit the
availability of, or disable (to the extent
technologically feasible) any of your
Contributions or any portion thereof; (4)
in our sole discretion and without
limitation, notice, or liability, to remove
from the Services or otherwise disable
all files and content that are excessive in
size or are in any way burdensome to our
systems; and (5) otherwise manage the
Services in a manner designed to protect
our rights and property and to facilitate
the proper functioning of the Services.
10. PRIVACY POLICY We care about
data privacy and security. Please review
our Privacy Policy. By using the
Services, you agree to be bound by our
Privacy Policy, which is incorporated
into these Legal Terms. Please be
advised the Services are hosted in the
United States. If you access the Services
from any other region of the world with
laws or other requirements governing
personal data collection, use, or
disclosure that differ from applicable
laws in the United States, then through
your continued use of the Services, you
are transferring your data to the United
States, and you expressly consent to
have your data transferred to and
processed in the United States. Further,
we do not knowingly accept, request, or
solicit information from children or
knowingly market to children. Therefore,
in accordance with the U.S. Children’s
Online Privacy Protection Act, if we
receive actual knowledge that anyone
under the age of 13 has provided
personal information to us without the
requisite and verifiable parental consent,
we will delete that information from the
Services as quickly as is reasonably
practical.
11. COPYRIGHT INFRINGEMENTS
We respect the intellectual property
rights of others. If you believe that any
material available on or through the
Services infringes upon any copyright
you own or control, please immediately
notify us using the contact information
provided below (a "Notification"). A
copy of your Notification will be sent to
the person who posted or stored the
material addressed in the Notification.
Please be advised that pursuant to
applicable law you may be held liable for
damages if you make material
misrepresentations in a Notification.
Thus, if you are not sure that material
located on or linked to by the Services
infringes your copyright, you should
consider first contacting an attorney.
12. TERM AND TERMINATION
These Legal Terms shall remain in full
force and effect while you use the
Services. Without limiting any other
provision of these legal terms, we
reserve the right to, in our sole discretion
and without notice or liability, deny
access to and use of the services
(including blocking certain ip addresses),
to any person for any reason or for no
reason, including without limitation for
breach of any representation, warranty,
or covenant contained in these legal
terms or of any applicable law or
regulation. We may terminate your use
or participation in the services or delete
your account and any content or
information that you posted at any time,
without warning, in our sole discretion.
If we terminate or suspend your account
for any reason, you are prohibited from
registering and creating a new account
under your name, a fake or borrowed
name, or the name of any third party,
even if you may be acting on behalf of
the third party. In addition to terminating
or suspending your account, we reserve
the right to take appropriate legal action,
including without limitation pursuing
civil, criminal, and injunctive redress.
13. MODIFICATIONS AND
INTERRUPTIONS We reserve the right
to change, modify, or remove the
contents of the Services at any time or
for any reason at our sole discretion
without notice. However, we have no
obligation to update any information on
our Services. We also reserve the right to
modify or discontinue all or part of the
Services without notice at any time. We
will not be liable to you or any third
party for any modification, price change,
suspension, or discontinuance of the
Services.
We cannot guarantee the Services will
be available at all times. We may
experience hardware, software, or other
problems or need to perform
maintenance related to the Services,
resulting in interruptions, delays, or
errors. We reserve the right to change,
revise, update, suspend, discontinue, or
otherwise modify the Services at any
time or for any reason without notice to
you. You agree that we have no liability
whatsoever for any loss, damage, or
inconvenience caused by your inability
to access or use the Services during any
downtime or discontinuance of the
Services. Nothing in these Legal Terms
will be construed to obligate us to
maintain and support the Services or to
supply any corrections, updates, or
releases in connection therewith.
14. GOVERNING LAW These Legal
Terms and your use of the Services are
governed by and construed in accordance
with the laws of the State of Maine
applicable to agreements made and to be
entirely performed within the State of
Maine, without regard to its conflict of
law principles.
15. DISPUTE RESOLUTION Informal
Negotiations: To expedite resolution and
control the cost of any dispute,
controversy, or claim related to these
Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by
either you or us (individually, a "Party"
and collectively, the "Parties"), the
Parties agree to first attempt to negotiate
any Dispute informally for at least thirty
(30) days before initiating any formal
dispute resolution process. Such
informal negotiations commence upon
written notice from one Party to the
other Party.
Disputes in Court: If for any reason, a
Dispute proceeds in court, the Dispute
shall be commenced in Small Claims
Court for Cumberland County, Maine,
and the Parties hereby consent to, and
waive all defenses of lack of personal
jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in
such state and federal courts.
Application of the United Nations
Convention on Contracts for the
International Sale of Goods and the
Uniform Computer Information
Transaction Act (UCITA) are excluded
from these Legal Terms.
In no event shall any Dispute brought by
either Party related in any way to the
Services be commenced more than one
(1) year after the cause of action arose. If
this provision is found to be illegal or
unenforceable, then neither Party will
file an action regarding any Dispute
falling within that portion of this
provision found to be illegal or
unenforceable and such Dispute shall be
decided by a court of competent
jurisdiction within the court listed for
jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of
that court.
Restrictions: The Parties agree that any
claim shall be limited to the Dispute
between the Parties individually. To the
full extent permitted by law, (a) no claim
shall be joined with any other
proceeding; (b) there is no right or
authority for any Dispute to be brought
on a class-
action procedures; and (c) there is no
right or authority for any Dispute to be
brought in a purported representative
capacity on behalf of the general public
or any other persons.
15. CORRECTIONS There may be
information on the Services that contains
typographical errors, inaccuracies, or
omissions, including descriptions,
pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or
omissions and to change or update the
information on the Services at any time,
without prior notice.
16. DISCLAIMER The services are
provided on an as-
basis. You agree that your use of the
services will be at your sole risk. To the
fullest extent permitted by law, we
disclaim all warranties, express or
implied, in connection with the services
and your use thereof, including, without
limitation, the implied warranties of
merchantability, fitness for a particular
purpose, and non-
make no warranties or representations
about the accuracy or completeness of
the services' content or the content of
any websites or mobile applications
linked to the services and we will
assume no liability or responsibility for
any (1) errors, mistakes, or inaccuracies
of content and materials, (2) personal
injury or property damage, of any nature
whatsoever, resulting from your access
to and use of the services, (3) any
unauthorized access to or use of our
secure servers and/or any and all
personal information and/or financial
information stored therein, (4) any
interruption or cessation of transmission
to or from the services, (5) any bugs,
viruses, trojan horses, or the like which
may be transmitted to or through the
services by any third party, and/or (6)
any errors or omissions in any content
and materials or for any loss or damage
of any kind incurred as a result of the use
of any content posted, transmitted, or
otherwise made available via the
services. We do not warrant, endorse,
guarantee, or assume responsibility for
any product or service advertised or
offered by a third party through the
services, any hyperlinked website, or any
website or mobile application featured in
any banner or other advertising, and we
will not be a party to or in any way be
responsible for monitoring any
transaction between you and any
third-
services. As with the purchase of a
product or service through any medium
or in any environment, you should use
your best judgment and exercise caution
where appropriate.
17. LIMITATIONS OF LIABILITY In
no event will we or our directors,
employees, or agents be liable to you or
any third party for any direct, indirect,
consequential, exemplary, incidental,
special, or punitive damages, including
lost profit, lost revenue, loss of data, or
other damages arising from your use of
the services, even if we have been
advised of the possibility of such
damages. Notwithstanding anything to
the contrary contained herein, our
liability to you for any cause whatsoever
and regardless of the form of the action,
will at all times be limited to the amount
paid, if any, by you to us during the four
(4) month period prior to any cause of
action arising. Certain us state laws and
international laws do not allow
limitations on implied warranties or the
exclusion or limitation of certain
damages. If these laws apply to you,
some or all of the above disclaimers or
limitations may not apply to you, and
you may have additional rights.
18. INDEMNIFICATION You agree to
defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and
all of our respective officers, agents,
partners, and employees, from and
against any loss, damage, liability, claim,
or demand, including reasonable
attorneys’ fees and expenses, made by
any third party due to or arising out of:
(1) your Contributions; (2) use of the
Services; (3) breach of these Legal
Terms; (4) any breach of your
representations and warranties set forth
in these Legal Terms; (5) your violation
of the rights of a third party, including
but not limited to intellectual property
rights; or (6) any overt harmful act
toward any other user of the Services
with whom you connected via the
Services. Notwithstanding the foregoing,
we reserve the right, at your expense, to
assume the exclusive defense and control
of any matter for which you are required
to indemnify us, and you agree to
cooperate, at your expense, with our
defense of such claims. We will use
reasonable efforts to notify you of any
such claim, action, or proceeding which
is subject to this indemnification upon
becoming aware of it.
19. ELECTRONIC
COMMUNICATIONS,
TRANSACTIONS, AND
SIGNATURES Visiting the Services,
sending us emails, and completing
online forms constitute electronic
communications. You consent to receive
electronic communications, and you
agree that all agreements, notices,
disclosures, and other communications
we provide to you electronically, via
email and on the Services, satisfy any
legal requirement that such
communication be in writing. You
hereby agree to the use of electronic
signatures, contracts, orders, and other
records, and to electronic delivery of
notices, policies, and records of
transactions initiated or completed by us
or via the services. You hereby waive
any rights or requirements under any
statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which
require an original signature or delivery
or retention of non-
to payments or the granting of credits by
any means other than electronic means.
20. CALIFORNIA USERS AND
RESIDENTS If any complaint with us is
not satisfactorily resolved, you can
contact the Complaint Assistance Unit of
the Division of Consumer Services of
the California Department of Consumer
Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at
(800) 952-
21. MISCELLANEOUS These Legal
Terms and any policies or operating
rules posted by us on the Services or in
respect to the Services constitute the
entire agreement and understanding
between you and us. Our failure to
exercise or enforce any right or provision
of these Legal Terms shall not operate as
a waiver of such right or provision.
These Legal Terms operate to the fullest
extent permissible by law. We may
assign any or all of our rights and
obligations to others at any time. We
shall not be responsible or liable for any
loss, damage, delay, or failure to act
caused by any cause beyond our
reasonable control. If any provision or
part of a provision of these Legal Terms
is determined to be unlawful, void, or
unenforceable, that provision or part of
the provision is deemed severable from
these Legal Terms and does not affect
the validity and enforceability of any
remaining provisions. There is no joint
venture, partnership, employment or
agency relationship created between you
and us as a result of these Legal Terms
or use of the Services. You agree that
these Legal Terms will not be construed
against us by virtue of having drafted
them. You hereby waive any and all
defenses you may have based on the
electronic form of these Legal Terms and
the lack of signing by the parties hereto
to execute these Legal Terms.
22. CONTACT US In order to resolve a
complaint regarding the Services or to
receive further information regarding use
of the Services, please contact us at:
Edward Pearlman P.O. Box 15002
Portland, ME 04112 United States
Phone: 2076502030
lessons@edpearlman.net
TERMS and CONDITIONS for edpearlman.net
Updated May 14, 2024