Terms Of Service

By using this website
(“Website”), You are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions
(Terms), Privacy Policy and any disclaimer notice and any or all
Agreements on this Website:

“Customer”, “You”, “User” and “Your” refers to you, the person
accessing this Website and exploiting Our Services/Products and therefore accepting the Company’s terms and conditions and; “User Account” or “Account” shall mean the online account maintained by the User at the Website to avail of the Services; the “Company”, “Our”, “We” and “Us”, refers to Our Company, Metal
Guitar Academy MGA.

“Party” or “Parties” refers to both the Customer/User and Ourselves,
or either the Customer or Ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”).

Any use or access by anyone under the age of 16 is prohibited unless
permitted by the laws of Your country of residence, and certain
regions and/or Products may have additional requirements and/or
restrictions.

All rights not expressly granted to You under these Terms are
reserved to the Company.

SERVICES/PRODUCT(S)
The Website allows You to purchase an online-course (Product) for a fee. We may at Our sole discretion engage third party service providers from time to time to provide certain Services. Each such purchase is intended to be used only by one person, unless specified otherwise under Product’s details. You are not allowed to share Your purchase and/or provide access to such purchase to a third party.
Please acknowledge that the Products we provide You with for a fee paid through Our Website constitute Our intellectual property and may not be exploited in any way prohibited by these Terms.

LICENSE
Subject to these Terms and Our policies, We grant you a limited,
personal, non-exclusive, non-transferable, and revocable license to use Our Services/Products. You may use Our Product(s) only for Your personal, non-commercial use, unless You obtain Our written
permission to otherwise use the Product(s). You also agree that You
will access, and/or use only one User Account, unless expressly
permitted by Us, and You will not share access to Your User Account or access information for Your Account with any third party. Using our Services/Product(s) does not give you the ownership of or any
intellectual property rights in Our Services or the Product(s) you
access for a fee paid through Our Website.

PRIVACY
We are committed to protecting Your privacy. We will only use
information collected from individual Customers particularly email addresses to facilitate and deliver orders as part of Our commitment to provide the Services Our Customers have paid. Moreover, as We endeavor to provide You better products and services We will also be
using Your emails to promote Our other products/services. You can
opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible service to Our Customers.

SUPPORT
We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: brett@metalguitaracademy.com with a subject line “Support”.

However, We will not be liable or in any way responsible for Your own
technical issues, internet speed and other related to Your
access/device/location matters and We reserve the right to solely
determine whether such difficulty exists on Our side.

DISCLAIMER
The information on this Website is provided on an “AS IS” basis. To
the fullest extent permitted by law, this Company: (i) excludes all
representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s Products; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits
(whether or not the loss of such profits was foreseeable, arose in the normal Product of things or You have advised this Company of the
possibility of such potential loss), damage caused to Your computer,
computer software, systems and programs and the data thereon or
any other direct or indirect, consequential and incidental damages.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PRODUCT(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B)
THE PRODUCTS WILL NOT EXPERIENCE OUTAGES OR
OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-
FREE, (C) THAT DEFECTS ON THE PRODUCTS WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY,
SUSTAINED FROM USE OF THE PRODUCT(S).

FEES
Purchasing a Product:  We offer paid Product(s) for a fee. You are responsible for paying all fees charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Product(s).
When you make a purchase, you agree not to use an invalid or
unauthorized payment method. We reserve the right to disable access
to any Product for which we have not received adequate payment.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
solely responsible for any sales, value-added, withholding or similar
taxes that apply to Your purchase, whether domestic or foreign.

You can purchase Our Product(s) via credit card or PayPal:  If You choose to pay by credit card You authorize Us to charge Your credit card or bank account for an amount of Product’s applicable fee.
If You choose to proceed with a purchase via PayPal, You further
authorize Us to use a third party to process payments.

By purchasing any Product through Our Website, You hereby consent
and agree to abide by such third-party Internet payment service
providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third party policies.

REFUND POLICY
Refunds may be available for paid Services as described in Our
Refund Policy below: If the Product You purchased is not what You
were expecting, You can request, within 15 days of your purchase of
the Product, that We will refund to Your original payment method. We
will not provide any refund if You request it after the 15-day guarantee time limit has passed.

In order to request a refund, please email with your reason for
a request, using the subject line “Refund Request”.

If We believe You are abusing Our refund policy, such as if You’ve
consumed a significant portion of a Product that You want to refund or
if you’ve previously refunded a Product, we reserve the right at Our discretion, to deny such refund, disable Your User Account and/or restrict all future use of the Services/ Product(s). If We disable Your User Account or disable Your access to Our Product due to Your
violation of these Terms or other Our policies, You will not be eligible
to receive a refund.

CUSTOMER RESTRICTIONS
As a Customer, You agree not to:

Circumvent, disable, or otherwise interfere with security-related
features of the Website; Disparage, tarnish, or otherwise harm, in Our opinion, Website and/or the Service; Use the Product in a manner inconsistent with any applicable laws or regulations;
Interfere with, disrupt, or create an undue burden on the Service or
the networks or services connected to the Service;
You will not share access to Our Product with a third party (unless
otherwise permitted by us separately in writing); will not lease, sell, grant or otherwise exploit Our Product(s) in a way prohibited by these Terms.
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Service, or any portion of the Website.

USER CONTENT AND CONDUCT
In case Our Services enable You to share your content ("User Content"), You retain all intellectual property rights in, and are
responsible for, the User Content You create and share. However, by
submitting User Content you grant other Users and Company the right
to share Your User Content via any social media platform.

As a user of the Site, you agree not to post any Prohibited Content:

1. Profane language or content;
2. Content that promotes, fosters, or perpetuates discrimination on
the basis of race, religion, gender, marital status, familial status,
national origin, age, mental or physical disability, sexual
orientation, gender identity, source of income or other protected
status under applicable law;
3. Inappropriate sexual content or links to inappropriate sexual
content, nudity or obscene;
4. Conduct or encouragement of illegal activity;
5. Private and confidential information;
6. Content that violates a legal ownership interest of any other party.

INTELLECTUAL PROPERTY OF OUR COMPANY
Unless otherwise indicated, this Website is Our proprietary property
and all source code, databases, functionality, software, Website
designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions.

TERM AND TERMINATION
The Company may terminate your access to all or any part of the
Website, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately.
You can stop using our Services at any time. You may delete your
User Account by Website features or notifying Us at
brett@metalguitaracademy.com. When you decide to delete Your User Account, We will delete Your data, although this may not take place immediately.

INDEMNITY
You agree to indemnify, defend and hold harmless Company and its
affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable Attorney’
fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of Our Website or Product(s), or any breach by You of these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid for the
Services/Product(s) ordered.

CHANGES TO THESE TERMS
We reserve the right to revise the Terms at our sole discretion at any
time. Any revisions to the Terms will be effective immediately upon
posting by Us. For any material changes to the Terms, we will take
reasonable steps to notify you of such changes, via a banner on the
website, email notification, another method, or combination of methods. In all cases, your continued use of the Services/Products after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

SEVERABILITY
If it turns out that a particular provision of these Terms is not
enforceable, this will not affect any other terms. If you do not comply
with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have in accordance with these Terms or granted by law.

APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of US, NY the
parties submit to the jurisdiction of the Court of US, NY regardless of
conflicts of law rules, and Poughkeepsie Courts competent to hear appeals from them.

ENTIRE AGREEMENT
The Terms constitute the sole and entire agreement between You and
Us regarding this Website and supersede all prior and
contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Services/Product(s)/Website.

CONTACTING US
For questions or clarifications regarding Our Terms and/or any other matters related to Our Services/Products, please contact Us at
brett@metalguitaracademy.com.


Our mailing address is: 
Metal Guitar Academy
Address: P.O. Box 3443, Poughkeepsie, NY, US 12603 

AFFILIATE PROGRAM
Metal Guitar Academy MGA reserves the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

All payments are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Affiliate Program. They shall be the responsibility of, and payable by you.

The term of this Agreement will begin upon our acceptance of your
Program application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party notice of termination. Notice
by email, to your address on our records, is considered sufficient
notice to terminate this Agreement. Metal Guitar Academy MGA
reserves the right to end the Program at any time. Upon Program termination, Metal Guitar Academy MGA will pay any legitimate outstanding earnings.

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, independent contractor, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Metal Guitar Academy MGA's behalf. You
will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.