Terms and Conditions

USER AGREEMENT

This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that Gerald White (“the Siteowner”) will provide to you (“the User”).

By accessing www.[lasightsinger ] (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorized to do so) the User should not use the Site.

If the User has any questions they should contact the Siteowner at [music1on1@mac.com].

Services and Fees

The Siteowner shall provide Free and Paid-for Content. This includes a subscription for Paid-for Content which is available. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge. (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.

The User agrees to pay those subscription fees (“Fees”) at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to the Siteowner the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site.

The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for Paid-for Content will come into effect when the Username and Password are issued to the User. The User having paid the Fee for a subscription for the supply of Paid-for Content for a defined period the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights.

Separately purchased content from the site with or without a subscription membership is a direct sale. Any problems receiving content requiring refunds and/or questions will be responded to and addressed within a 30 day period.

Registration, Passwords and Privacy

The use of the Site signifies the User’s consent to the Siteowner collecting and using personal information about the User in accordance with the Siteowner’s Privacy Policy. The User can read the Privacy Policy at by clicking on the Privacy Policy link at the bottom of any page. The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content the User will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content. The User will also be requested to create a Password in a format specified by the Siteowner (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify the Siteowner immediately by contacting the Siteowner at music1on1@mac.com. If the Siteowner has reasonable grounds for believing that the User has misused or is misusing the Password, the Siteowner may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User’s activities.

Limitations on Use of the Site

All content and services provided by the Siteowner belongs to the Siteowner or is licensed to the Siteowner by licensors including Music1on1 Inc. The Siteowner, and/or its licensors, (including Music1on1 Inc.) own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors including Music1on1 Inc. or otherwise relating to the Site.

Cancellation Policy

Our cancellation policy is as follows: Service is on a month-to-month basis and there is no cancellation penalty, therefore you may cancel at any time.
The cancellation process starts upon receipt of your request to cancel via the contact page or by phone.
Be aware that the cancellation process and termination of your monthly recurring payment takes 3 days to process. Therefore your cancellation notice must be received three days prior to your monthly debit date to avoid an additional charge. Upon receipt of your 3 day cancellation notice, your account will incur no further credit card charges, and will be closed at the end of the current month.

Minors

All minors under the age of 18 must have approval of parent or guardian prior to accessing the site.

Limitation of Liability and Indemnity

The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including Music1on1 Inc., is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.

The User expressly agrees that the downloading of any material form the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including Music1on1 Inc, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site.

The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party other than the Siteowner who is involved in the workings of the Site, including Music1on1 Inc., will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site.

From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.

Indemnity

The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including Music1on1 Inc., (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner or Music1on1 Inc. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defence of such claim.

Consequences of Breach Of These Terms

In the event that the Siteowner or Music1on1 Inc. considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.

COPYRIGHT INFRINGEMENT

All material and exercises on this site are for educational purposes only and may not be copied, downloaded, distributed or sold. These materials are all under copyright and are available from their respective authors/publishers.

Rhythm Exercises created from FinaleMusic-Copyright 2011-MakeMusic, Inc http://www.finalemusic.com

Melodic Exercises referenced from:Eyes And Ears-Copyright 2004-Benjamin Crowell http://www.lightandmatter.com/sight/sight.html (You may obtain your own free copy of Eyes and Ears for practice through this website.)

Melodia from Masterworks Press Copyright 1997. All Rights Reserved. Use of this material in any form is restricted to the license named on the original Reproduction License issued by Masterworks Press. Any other use constitutes a violation of Federal and International Copyright Law. You may purchase a copy of Melodia through the website, www.masterworkspress.com.

Gerald White/Music1on1 Inc. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Gerald White

3019 Pico Blvd. Suite 3, Santa Monica, CA 90405

310-430-4802

music1on1@mac.com

Proper Law and Jurisdiction

This Agreement and all matters arising from it shall be governed by and construed according to the laws of State of California and shall be subject to the [exclusive] jurisdiction of the courts in Los Angeles, California. This Entire Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.