TERMS OF SERVICE
Jazzfuel is a membership site for online training, courses, resources and other content relating to planning, creating, marketing and growing a career as a jazz musician (the “Service”).
Use of members.jazzfuel.com, including all materials presented herein and all online services provided by Jazzfuel SAS is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site.
By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. Parties agree that the Service is in the nature of education. The scope of services provided by Jazzfuel SAS according to this Agreement are limited to those listed on members.jazzfuel.com. Jazzfuel SAS reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
Use of External Links
www.members.jazzfuel.com may contain links to many other websites. Jazzfuel cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by Jazzfuel do not constitute an endorsement by Jazzfuel or any of its agents of the sponsors of these sites or the products or information presented therein.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Site & Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Jazzfuel SAS makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Jazzfuel SAS disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In no event shall Jazzfuel SAS or its agents, guests or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if Jazzfuel SAS has been advised of the possibility of such loss or damages.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, Jazzfuel SAS is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Jazzfuel SAS has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Jazzfuel’s cumulative liability to you exceed the total purchase price of the service you have purchased from Jazzfuel SAS, and if no purchase has been made by you Jazzfuel SAS’s cumulative liability to you shall not exceed $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.
You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Entire Agreement Waiver
This Agreement constitutes the entire agreement between you and Jazzfuel SAS pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Jazzfuel SAS shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Jazzfuel SAS.
Recovery of legal fees
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.