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Terms of Use

Gurus please review the Charter Guru terms.

Introduction

These terms govern the use of the WorldMusicGuru website (the "Site"), services provided (the “Services”), and the software available for download from WorldMusicGuru.com (the “Software”) in connection with the Services, all of which are owned, operated and maintained by WorldMusicGuru. By (1) using or accessing the Site or the Services; (2) downloading, accessing, installing or using the Software; or (3) paying for someone else to use or access the Site or the Services or download, access, install or use the Software, users of the Site agree to the terms and conditions set forth below (the “Terms”).

Definition of Terms

For the purposes of this agreement, “you” ("your," "visitor," "Student") means the student, the student's parent, guardian, or other adult who is paying for the service, the teacher ("Guru") offering services on the Site, or any other registered user of the site.
"We" ("WorldMusicGuru," "WMG," "our," "us," or "the Company") means WorldMusicGuru, the company that owns and manages the website.
"Guru" ("teacher") means the instructors or teachers that register and offer their services on the Site, or the administrator of a music school registered on the Site.

Use by Children

You should only use this site if you are above the age of 18, or under the direct supervision and control of a parent or guardian. If the student is a child under the age of 18, any personal information requested by WorldMusicGuru should be that of the student's parent or guardian with that parent or guardian's knowledge. WorldMusicGuru does not knowingly collect information about children. If you are a parent, guardian, or other person who enables a child under 18 to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. If you do not agree to these Terms of Use, you should not use the WorldMusicGuru website.

Changes to Terms of Agreement

WorldMusicGuru, reserves the right, from time to time, with or without notice to you, to change these Terms of Use at our sole discretion. The most current version of these Terms of Agreement will be available from every page of the WorldMusicGuru Web site, and supersedes all previous versions. Your continued use of the WorldMusicGuru Web site or our Services after changes are made means that you agree to be bound by such changes.
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Privacy

Any information submitted on the WorldMusicGuru Web site is subject to our Privacy Policy, available for review on our website. Please review our Privacy Policy to understand our practices.
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HOW OUR SERVICE WORKS

Services

Through our Services, Site and Software, we enable Students to take music lessons with independent contractor teachers (the “Gurus“) who provide live, one-to-one music lessons through Skype, a third-party video calling service. The Services include, but are not limited to, facilitating music lessons, providing online forums, selling educational material, instruments, and tools, and taking feedback from users.

Registration

You many visit, browse our list of Gurus and forums, and read about our services for free. To use the Services, you will need to register on the site, pay any applicable fees, and obtain an account and password. You are solely responsible for maintaining the confidentiality of your account(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s). You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form(s) (referred to as "Your Data"), by your Guru Profile page, or your music school administration page (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. You agree not to use the site, the Services or the Company Content to recruit, solicit, or contact in any form Gurus or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.
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Lesson scheduling policies

You are solely responsible for scheduling the lessons you have purchased with your Guru. You agree to abide by the Lesson Policies posted at the bottom of the Site. You may contact the Guru to schedule lessons using contact information and scheduling facilities provided on the site. All lessons expire within 30 days from stated date of purchase, unless arranged otherwise with your Guru. Any scheduling service that WorldMusicGuru might provide on the Site is subject to interruptions beyond our control and is not guaranteed to be operational on an around-the-clock 24x7 basis. We do not issue refunds for failure to schedule or attend lessons within the expiration period. WorldMusicGuru retains the right to change or cancel the scheduling service at any time.
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Hours of availability

WorldMusicGuru Services are operational on a 24x7 basis, but we reserve the right to disable the Site temporarily due to technology problems or during a site maintenance window. Individual Gurus set their own hours of availability for music lessons.
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Teaching Quality

WorldMusicGuru is an open Service and does not guarantee the quality of all Gurus on our Site. You should evaluate the qualifications of each Guru and choose one that meets your requirements. No refunds will be issued for Student's dissatisfaction with the quality of instruction.
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Technology

WorldMusicGuru uses proprietary, licensed third-party technologies and free technology products. While all attempts are made to ensure stability and availability of technologies used by WorldMusicGuru, we cannot guarantee uptime. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all internet access services, computer hardware, and other equipment required for such access and use.
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Account Access; Identity Protection

In order to provide you with ease of access to your account, WorldMusicGuru will place a cookie (a small text file) on any computer from which you access the WorldMusicGuru Web site. This cookie is used to identify you throughout the WorldMusicGuru Web site. This cookie will be destroyed when you close the browser or logout of the WorldMusicGuru Web site. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the WorldMusicGuru Web site. If you find that you're a victim of identity theft and it involves a WorldMusicGuru account, you should notify customer service. You should report this instance to all your credit card issuers, as well as your local law enforcement agency. WorldMusicGuru reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. WorldMusicGuru is not obligated to credit or discount purchased services for holds placed on the account by either a representative of WorldMusicGuru or by the automated processes of WorldMusicGuru.
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INTELLECTUAL PROPERTY

Copyright

All content included on the WorldMusicGuru Web site and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of WorldMusicGuru, or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of WorldMusicGuru, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from WorldMusicGuru, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the WorldMusicGuru Web site, not to insert any code or product or manipulate the content of the WorldMusicGuru Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. WorldMusicGuru reserves the right to terminate your membership hereunder if WorldMusicGuru, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of content provided to you by us or the copying or other unauthorized use of our proprietary content. The use of the WorldMusicGuru service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the WorldMusicGuru Web site.
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Trademarks

The WorldMusicGuru logo, WorldMusicGuru.com, and WorldMusicGuru.net, are trademarks or service marks of WorldMusicGuru. The WorldMusicGuru Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of WorldMusicGuru. The trademarks, service marks and trade dress of WorldMusicGuru may not be used or reproduced without prior written approval from WorldMusicGuru and may not be used in connection with any product or service that is not affiliated with WorldMusicGuru, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of WorldMusicGuru, or in any manner that disparages or discredits WorldMusicGuru. Other trademarks that appear on the WorldMusicGuru Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WorldMusicGuru. Any images of persons or personalities contained on the WorldMusicGuru Web site are not an indication or endorsement of WorldMusicGuru or any particular product or our service unless otherwise indicated.
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PURCHASES AND BILLING

You can find the specific details regarding your purchase transaction history on WorldMusicGuru at anytime by clicking on the "My Account" link, located at the top of the pages of the WorldMusicGuru Web site after you login.

Free Trial & Discount

We encourage Gurus to offer free trials or discounts to new customers to promote use of the service. Gurus are not obligated to do so. Free trial and discounted lessons are only available to first time customers of the WorldMusicGuru service, cannot be used by existing or prior customers who have used the service in the past, and cannot be combined with any other offer. You must have internet access and any necessary equipment to use the free trial offer. Abuse Penalty: WorldMusicGuru reserves the right to charge a penalty if an existing customer or former customer who has used the service in the past takes this offer.
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Automatic Monthly Billing

WorldMusicGuru offers an optional service to charge you automatically on a monthly basis. When you select this option, you are expressly agreeing that we are permitted to bill you the specified, purchased amount for your use of the WorldMusicGuru service. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. We will automatically bill your Payment Method for the monthly fee on approximately the first day of each month, and on the first day of each subsequent month, without prior notice to you, unless and until you cancel the option from your My Account page or by notifying us in writing.

Cancellation of Automatic Monthly Billing

You must cancel the Automatic Monthly Billing option before it renews each month, for each Guru where you have enabled it, in order to avoid billing of the next month's fees to your Payment Method. If you cancel the option, you will have to purchase future lessons individually. You will also forego any related discounts for future lessons. The "My Account" page lists all lesson purchases for which you have selected the Automatic Monthly Billing option. You may cancel the option by providing notice in writing or by logging in and contacting us through the web site. Gurus may change the fees in effect, and we may revise or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. Your continued use of the Automatic Monthly Billing option after notification of fee changes means that you agree to be billed for such changes. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Edit Profile" button, available at the top of the pages of the WorldMusicGuru Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Please Note: For your safety and convenience, we verify customer details before cancelling any purchases. Please login and email all communication with us. Leaving a voice mail, sending an email or posting a message on Customer Care chat will NOT lead to a cancellation of your billing option.
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Refund

All lessons expire 30 days from date of purchase. We follow a strict No Refund policy for purchased lessons that are not used. We will consider extenuating circumstances on a case-by-case basis. But we are under no obligation to provide refunds. See Dispute Resolution below.

Dispute resolution

The Site is only a marketplace of Gurus, students, parents, schools and other interested organizations. We do not hire or employ Gurus nor are we responsible or liable for any interactions involved between the Gurus and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might out of or relate to conduct of Gurus or users. However, in the interest of customer satisfaction, WorldMusicGuru reserves the right to withhold payments from a Guru or to inactivate a Guru's account if the Guru has been unwilling or unable to provide the services purchased by a Student. WorldMusicGuru reserves the right to make this judgment at our sole discretion. WorldMusicGuru reserves the right to change this policy at any time.
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Pricing

WorldMusicGuru reserves the right to change prices without advance notice and to offer promotions periodically to certain group of customers and thus not available to all customers. Prices will not rise during the current month or during the course of a multi-session package but can change for subsequent months or packages.
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Specific Obligations of Gurus

As a Guru registered with the Site, you agree that:

· You will read and abide by the pricing information (defined elsewhere on this Site and in the separate Schedule of Fees available on the website and provided to you upon registration) before using the Site;

· You are fully responsible for the content you provide, and accuracy of the information; In connection with the content you provide, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your content to enable inclusion and use of the content in the manner contemplated by the Site and these Terms of Service;

· You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge and skill sets, to teach and offer the services you mention;
· You will make a good faith effort to teach and fulfill your obligation to users that purc
hase your lessons on the WorldMusicGuru site;

· You will immediately give notice to the WorldMusicGuru administrator if you are unable to fulfill any current or future purchases on the website, and you will refund any payments, within 30 days, that have been advanced to you by WorldMusicGuru;

· You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, defamatory or libelous content;
· You will not distribute viruses, post spam, chain mails or other such data;

· You will not use the Site for any business other than for providing teaching and instructional services;

· You will not copy, modify or distribute Company Content (as defined below) from our Site, including trademarks and copyrights;

· You will not interfere with or otherwise prevent other Gurus from providing their services;

· You will keep Your Data (as defined under Registration) up-to-date, and respond to users seeking your services in a timely and cooperative fashion, so as to ensure quality of service provided to students, parents and other users of the Site;

· If you use the services of substitute Gurus, you will ensure that they are registered users of WorldMusicGuru, which means that they agree to abide by these Terms of Agreement;

· If you are under the age of 18, but are qualified to be a Guru, you will obtain parent or legal guardian permission as and when needed, and before registering with the Site; and;

· If you are in a state or locale where any form of tutoring or teaching requires a license or other form of governmental permission, you shall not use this Site or act as a Guru until such license and permission is obtained.;

WorldMusicGuru reserves the right to terminate your account without cause and with or without prior notice at any time

Web Site Content

We distribute subject content, and other animations and we reserve the right to display and promote the content or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the WorldMusicGuru Web site allows you and other third parties to post comments, give feedback concerning the services offered, our gurus, and subject content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the WorldMusicGuru Web site are those of the respective authors or producers and not of WorldMusicGuru or its shareholders, directors, officers, or employees. Under no circumstances shall WorldMusicGuru, its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the WorldMusicGuru Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the WorldMusicGuru Web site.
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Use of Information Submitted

WorldMusicGuru, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to WorldMusicGuru ("Content"), including, without limitation, responses to questionnaires or through postings to the WorldMusicGuru Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the WorldMusicGuru Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note WorldMusicGuru does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to WorldMusicGuru. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against WorldMusicGuru and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
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Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
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Electronic Communications

By using the WorldMusicGuru service, you consent to receiving electronic communications from WorldMusicGuru. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured content or other announcements, or offerings. These communications are part of your relationship with WorldMusicGuru and you receive them as part of the WorldMusicGuru subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
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Conduct

You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat Gurus and Students with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not solicit any personal information from any Guru or Student, and agree that if any other user ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. We aim to keep the site content appropriate for Students and Gurus of all ages, including children. WorldMusicGuru reserves the right to remove any content from the Site deemed inappropriate for children, and to disable any account for any reason without notice at our sole discretion.
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Limitations on Use

You must be 18 years of age or older to subscribe to the WorldMusicGuru service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the WorldMusicGuru Web site is for your personal and non-commercial use and we grant you a limited license to access the WorldMusicGuru Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the WorldMusicGuru Web site without our express written consent. WorldMusicGuru does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the WorldMusicGuru Web site or its contents will terminate the limited license granted by us.
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Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
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Links

Some of the hyperlinks and banners on the WorldMusicGuru Web site may lead to other Web sites that are not controlled by, or affiliated with, WorldMusicGuru . In addition, other Web sites may link to the WorldMusicGuru Web site. WorldMusicGuru has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
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Claims of Copyright Infringement

It is the policy of WorldMusicGuru to respect the intellectual property rights of others. WorldMusicGuru does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the WorldMusicGuru Web site, or know of someone who is making unauthorized use of the content of the WorldMusicGuru Web site, please notify us of your concern by submitting a written notice to us at the following address:

WorldMusicGuru
Attn: General Counsel
9 Danley Dr Westford, MA 01886

Your notice must be signed and contain the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material on the WorldMusicGuru Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; (v) 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; (vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice email address is This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to [contact us].
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Disclaimer of Warranty; Limitations

THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. 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. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR GURUS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.
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Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers) from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
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Modifications to the Service

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
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Entire agreement

These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.

Severability

If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect.

Governing Law and Jurisdiction

These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), you agree that any dispute arising out of or relating to the Site or Services or use of the Site or Services shall be heard exclusively in the courts of the County of Middlesex, Massachusetts and you covenant and agree not to bring suit in any other forum.

Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

No Agency

Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
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