Welcome to the schoolofmusic.com website (the "schoolofmusic.com Site"), a website owned and operated by Midwest School of Music, Inc.").

The terms and conditions stated below, along with the policies and guidelines located throughout the schoolofmusic.com Site (collectively herein the "Terms of Use") identify what users of the schoolofmusic.com Site (each a "User") can expect from schoolofmusic.com, schoolofmusic.com Providers (as defined below) and the schoolofmusic.com Site and what we expect from Users. By visiting any area on the schoolofmusic.com Site or making a purchase via the schoolofmusic.com Site, a User is deemed to have accepted the Terms of Use.

I. ONLINE CONDUCT
II. LICENSES AND RESTRICTIONS
III. TRADEMARKS
IV. CONTENT
V. EXPORT
VI. PRICES
VII. RISK OF LOSS
VIII. PRODUCT DESCRIPTIONS
IX. AGE OF USERS
X. TERMINATION OF USAGE
XI. INDEMNITY
XII. PASSWORD AND ACCOUNT SECURITY
XIII. NOTICES
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
XV. SEVERABILITY
XVI. APPLICABLE LAW; JURISDICTION
XVII. DISPUTE RESOLUTION
XVIII. ADDITIONAL TERMS AND CONDITIONS
XIX. ACKNOWLEDGMENT
XX. MODIFICATION

I. ONLINE CONDUCT

User agrees to use the schoolofmusic.com Site only for lawful purposes. User is prohibited from posting on or transmitting through the schoolofmusic.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If schoolofmusic.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the schoolofmusic.com Site (collectively "Content") provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, schoolofmusic.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the schoolofmusic.com Site. schoolofmusic.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the schoolofmusic.com Site; or (iii) to protect the rights or property of schoolofmusic.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "schoolofmusic.com Providers") and any other User.

schoolofmusic.com reserves the right to prohibit or restrict conduct, communication, or Content that schoolofmusic.com deems in its sole discretion to be harmful to Users, schoolofmusic.com, schoolofmusic.com affiliates, the schoolofmusic.com Site, the communities that make up the schoolofmusic.com Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no schoolofmusic.com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no schoolofmusic.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the schoolofmusic.com Site.

II. LICENSES AND RESTRICTIONS

schoolofmusic.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with schoolofmusic.com) of the schoolofmusic.com Site. schoolofmusic.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of schoolofmusic.com so long as the link does not portray schoolofmusic.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

  • The foregoing licenses do not include any rights to:
  • modify, download (other than page caching), reproduce, copy, or resell the schoolofmusic.com Site, the Content or any portion or derivative thereof;
  • commercially use the schoolofmusic.com Site, the Content or any portion derivative thereof (unless User has a business relationship with schoolofmusic.com);
  • copy or download any User's account information for the benefit of any third party;
  • enable high volume, automated, electronic processes that apply to the schoolofmusic.com Site or its systems;
  • use any robot, spider, data miner, scraper or other automated means to access the schoolofmusic.com Site or its systems for any purpose;
  • interfere or attempt to interfere with the proper working of the schoolofmusic.com Site;
  • bypass any schoolofmusic.com measures used to prevent or restrict access to any portion of the schoolofmusic.com Site;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of schoolofmusic.com;
  • use schoolofmusic.com name, trademarks, services marks or logos in any meta tags or any other "hidden text" utilizing s; or
  • compile, repackage, disseminate or otherwise use data extracted from the schoolofmusic.com Site.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require schoolofmusic.com's express written consent (which may include a written agreement signed by an authorized representative of schoolofmusic.com). Any unauthorized use of the schoolofmusic.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by schoolofmusic.com.

III. TRADEMARKS

"NoteWizard", "schoolofmusic.com", "schoolofmusic.net", "schoolofmusic.org", and "promoting excellence in music education" are each trademarks or service marks of schoolofmusic.com. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of schoolofmusic.com and its licensors used on the schoolofmusic.com Site may not be used without prior written consent of schoolofmusic.com or its licensor, as the case may be. Without limiting the foregoing, no schoolofmusic.com trademark or trade dress may be used in connection with any product or service that is not schoolofmusic.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits schoolofmusic.com.

IV. CONTENT

Proprietary Rights
User acknowledges that the schoolofmusic.com Site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and schoolofmusic.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Submission of Third-Party Content
Except as set forth in the paragraph headed "Proprietary Rights" above, User may upload to or otherwise submit to schoolofmusic.com for distribution on the schoolofmusic.com Site only (i) Content that is not subject to any copyright or other proprietary rights restrictions; (ii) Content in which the owner or licensor has given express authorization for schoolofmusic.com to distribute over the Internet; or (iii) Content that does not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information ("Harmful Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." schoolofmusic.com is entitled to presume that all submitted Content conforms with the foregoing requirements. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Harmful Content. No schoolofmusic.com Provider will assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User submission including without limitation submission of Harmful Content. In accordance with the Digital Millennium Copyright Act, any User or other person can report an infringement to schoolofmusic.com at This email address is being protected from spambots. You need JavaScript enabled to view it.. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or represents and warrants that the owner or authorized licensor of such Content has expressly granted schoolofmusic.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to schoolofmusic.com retains any and all rights which may exist in such Content.

Third-Party Content
schoolofmusic.com is a distributor and not a publisher of Content supplied by third parties and Users. schoolofmusic.com has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of schoolofmusic.com or any schoolofmusic.com Provider, unless expressly stated otherwise. Neither schoolofmusic.com nor any schoolofmusic.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the schoolofmusic.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either schoolofmusic.com or any schoolofmusic.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the schoolofmusic.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the schoolofmusic.com Site.

V. EXPORT

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from the schoolofmusic.com Site to either a foreign national or a foreign destination in violation of such laws and regulations.

VI. PRICES

The price for an item on the schoolofmusic.com Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the schoolofmusic.com Site. If the price for the item on the schoolofmusic.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of schoolofmusic.com, schoolofmusic.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.

Please note that this policy regarding prices applies only to items sold and shipped by schoolofmusic.com. Any purchases from any third-party sellers on the schoolofmusic.com Site may be subject to different policies in the event of an incorrectly priced item.

VII. RISK OF LOSS

The risk of loss and title for all items purchased via the schoolofmusic.com Site pass to the User upon delivery of the item to the carrier.

VIII. PRODUCT DESCRIPTION

The items offered for sale on the schoolofmusic.com contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. schoolofmusic.com does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM schoolofmusic.com THAT IS NOT IS NOT AS DESCRIBED ON THE schoolofmusic.com Site, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

IX. AGE OF USERS

schoolofmusic.com does not intend the schoolofmusic.com Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). schoolofmusic.com relies upon Guardians to determine if any Content or items available on the schoolofmusic.com Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the schoolofmusic.com Site only under the supervision of Guardian.

X. TERMINATION OF USAGE

schoolofmusic.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the schoolofmusic.com Site including any account thereon, without notice, for any reason in schoolofmusic.com's sole discretion, including without limitation schoolofmusic.com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, schoolofmusic.com, any schoolofmusic.com Provider or another User.

In cases which schoolofmusic.com deems in its sole discretion to be egregious, schoolofmusic.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the schoolofmusic.com Site has been terminated including the right use, access or create any account thereon; (ii) that schoolofmusic.com refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with schoolofmusic.com will be subject to the following conditions:

  • Orders placed by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
  • schoolofmusic.com will assess the Restricted User an administrative fee (the "Administrative Fee") set forth in the Restriction Notice for each Restricted Order submitted by the Restricted User after the Restriction Effective Date, regardless of whether the Restricted Order was fulfilled or cancelled. The Administrative Fee will equal an amount not less than $5.00 and will reflect the costs of handling any Restricted Order and of handling any personal or telephonic contact made by the Restricted User after the Restriction Effective Date.
  • schoolofmusic.com shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or schoolofmusic.com Gift Card) or (2) seek a judgment against the Restricted User for payment thereof.

Other conditions may apply and shall be set forth in the Restriction Notice.

User agrees that schoolofmusic.com shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment.

XI. INDEMNITY

User agrees to indemnify and hold each schoolofmusic.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.

XII. PASSWORD AND ACCOUNT SECURITY

Every User that has an account on the schoolofmusic.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her schoolofmusic.com account using an old e-mail address, such User will not receive messages from schoolofmusic.com about his or her orders and inquiries or other matters).

User accepts full responsibility for all activities that occur within such User's schoolofmusic.com account.

XIII. NOTICES

User consents to receive electronic communications from schoolofmusic.com, whether addressed to the e-mail address associated with such User's schoolofmusic.com account or posted on the schoolofmusic.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this schoolofmusic.com Site satisfies any legal requirement that such communications be made in writing.

XIV. DISCLAIMERS AND LIMITATION OF LIABILITY

THE schoolofmusic.com Site IS PROVIDED BY schoolofmusic.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH schoolofmusic.com PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO schoolofmusic.com PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE schoolofmusic.com Site, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE schoolofmusic.com Site WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE schoolofmusic.com Site; OR (IV) THAT THE schoolofmusic.com Site, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF schoolofmusic.com ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

schoolofmusic.com DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE schoolofmusic.com Site OR ANY RELATED SERVICES. THE OPERATION OF THE schoolofmusic.com Site MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF schoolofmusic.com.

UNDER NO CIRCUMSTANCES SHALL ANY schoolofmusic.com PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE schoolofmusic.com Site, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE schoolofmusic.com Site OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO schoolofmusic.com'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE schoolofmusic.com Site.

NO schoolofmusic.com PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE schoolofmusic.com Site OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH schoolofmusic.com PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

XV. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XVI. APPLICABLE LAW; JURISDICTION

The schoolofmusic.com Site is created and controlled by schoolofmusic.com in the State of Indiana. The laws of the State of Indiana will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of schoolofmusic.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Marion County, Indiana and waives any objection to the laying of venue of any litigation in said courts.

XVII. DISPUTE RESOLUTION

For any claim or controversy at law or equity that arises out of the Terms of Use, the schoolofmusic.com Site or any schoolofmusic.com service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or schoolofmusic.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Marion County, Indiana or in the United States county where the defendant is located (in the case of schoolofmusic.com, Marion County, Indiana, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Marion County, Indiana).

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

XVIII. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the schoolofmusic.com Site, the following policies are incorporated into the Terms of Use:

XIX. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and schoolofmusic.com regarding User's relationship with schoolofmusic.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the schoolofmusic.com Site or making a purchase via the schoolofmusic.com Site, a User is deemed to have accepted the Terms of Use.

XX. MODIFICATION

schoolofmusic.com reserves the right to make changes to the schoolofmusic.com Site, posted policies and Terms of Use at any time without notice. These terms and conditions were last revised on May 30, 2005.