EdPearlman.net

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

207-650-2030, email

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-specific regulations

(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-Leach-Bliley Act

(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-commercial use only.   


Your use of our Services: Subject to

your compliance with these Legal

Terms, including the "PROHIBITED

ACTIVITIES" section below, we grant

you a non-exclusive, non-transferable,

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-commercial use.   


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-human means,

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-related

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-generating

endeavor or commercial enterprise. •

 Use the Services to advertise or

offer to sell goods and services. •

 Sell or otherwise transfer your

profile.   


8.  THIRD-PARTY WEBSITES AND

CONTENT The Services may contain

(or you may be sent via the Site) links to

other websites ("Third-Party Websites")

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-Party Content"). Such

Third-Party Websites and Third-Party

Content are not investigated, monitored,

or checked for accuracy,

appropriateness, or completeness by us,

and we are not responsible for any

Third-Party Websites accessed through

the Services or any Third-Party Content

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-Party Websites or the Third-Party

Content. Inclusion of, linking to, or

permitting the use or installation of any

Third-Party Websites or any

Third-Party  Content does not imply

approval or endorsement thereof by us. If

you decide to leave the Services and

access the Third-Party Websites or to use

or install any Third-Party Content, you

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-Party Websites will be

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-Party Websites and you shall hold

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-Party Content or any contact with

Third-Party Websites.   



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 basis or to utilize 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-is and as-available

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-infringement. We

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-party providers of products or

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-electronic records, or

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) 952-5210 or (916) 445-1254.   


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