The User Agreement below is for all users, members, guests, affiliates and third parties effective June 1st, 2008. Update 6/18/08- Lessons and Forums Update 2.0- Wording edit, all paragraphs- 7/28/08 Update 2.1- Donations, removal of article 11, general clarity revisions, and membership definitions, no-agency, MB official communications- 8/2/08 Update 3.0- Website redesign, elimination of Forums section 1/05/09 Welcome to the User Agreement for Maisontet Brass. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.Maisontetbrass.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Maisontet Brass. We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of Maisontetbrass.com, as they may contain further terms and conditions that apply to you as a Maisontet Brass user. A user is defined as anyone submitting information, receiving information and requesting information via all domains and sub-domains of MaisontetBrass.com. This includes all submissions, postings, replies, services, forums and affiliates. We may amend this Agreement at any time by posting the amended terms on our site. The user agreement is a “living” document and cached forms, reproductions or past versions of this agreement are void. 1.0 We are a venue, a resource for users and not an agent. Maisontetbrass.com and all subsequent pages act as a venue to allow persons to buy and sell information, musical goods and services. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction. Furthermore, users, members, affiliates and third parties may not hold Maisontet Brass, users, members’ affiliates or third parties liable for any damages, actual or consequential, in conjunction with usage of the site. 1.1 Release. In the event that you have a dispute with one or more Maisontet Members or users, you release Maisontet Brass (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. California residents please note: you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 1.2 Information Control. We do not control the information provided by other Members and users that is made available through our system. You may find other Members and user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and we are not responsible for the acts or omissions of users on the Site. 1.3 Fraud. Maisontet Brass may suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the site. 1.4 Feedback Integrity. Maisontet Users are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. We reserve the right to remove or edit any and all user submitted content. Content is not to be used by anyone in order to threaten, harass, or blackmail clients. 2.0 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MAISONTET BRASS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 3.0 Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 4.0 Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and the purchase of services and other related items. 5.0 No Agency. You, all other users and Maisontet Brass are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Understand that at times you may receive various forms of contracts and legal agreements for services, please be aware that Maisontet Brass has no responsibility or control over such contracts. You may see e-mail domains from @maisontetbrass.com, such domains and e-mail servers are utilized by private individuals and not Maisontetbrass.com. Maisontet Brass refers all contract services to private contractors who then write such contracts. Such contractors are chosen at the sole discretion of Maisontet Brass site administration. By using our site you acknowledge and understand that no conflict of interest exists between Maisontet Brass and any persons, agencies or organizations utilized to carry out our services, communications and information. Legally, there is no such thing as an official Maisontet Brass communication except when expressly stated on the site. 6.0 Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Maisontet Brass, C/O Benjamin Maisonet, 3737 St. Johns Bluff Rd S. Suite 1908, Jacksonville FL. Notice given to users shall be given via the e-mail address Maisontet Brass has on file for said user. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Maisontet Brass. Notice shall be deemed given three days after postage date. 7.0 Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Maisontet Brass to collect our fees and/or recover damages for, or obtain an injunction relating to, the Maisontet Brass site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Jacksonville, Florida., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Maisontet Brass may seek any interim or preliminary relief from a court of competent jurisdiction in Jacksonville, Florida necessary to protect the rights or property of you or Maisontet Brass pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. 8.0 Membership- defined as users submitting any and all information through our domains Maisontet Brass has the explicit right to temporarily suspend or permanently de-activate the Membership and profile of any Maisontet Brass Member, affiliate, teacher, client. We maintain the explicit right to temporarily suspend or permanently de-activate the Membership or postings of any user with or without notice for any reason, with or without disclosure. 7.0 Donations Maisontet Brass generates revenue from online donations and all donations will be allocated to resources described in theLessons & Community Chest pages as well as overhead, site administration and musician payouts. By electing to secure a financial transaction with our site you understand that such transactions occur over Paypal using their secure server. Your data is not secured by MaisontetBrass.com and Maisontet Brass cannot be held liable for any financial claims or damages resulting should you elect to use said service. Furthermore, we offer no refunds. By electing to donate to Maisontet Brass you acknowledge and understand that your donation is not towards a nonprofit, tax deductible organization. (We are trying to change this however) Maisontet Brass and site administrators reserve the explicit right to allocate funds in the manner of their choosing. This includes the allocation of awards and recipients for scholarship, programs and services. There are a myriad of causes Maisontet Brass sponsors on the site and we have no intention of misleading individuals, groups or agencies into generating profits for private pockets. We make this statement in good faith and by electing to use our site or services you acknowledge these statements and reciprocate in kind. 8.0 Disclosures The services hereunder are offered by Maisontet Brass., located at 3737 St. Johns Bluff Rd S. Suite 1908, Jacksonville FL. You may have this same information mailed to you by sending a letter to the foregoing address with your email address and a request for this information. |
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