Course Agreement

Last updated: July 2, 2023

THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by and between Sarah Belle Reid LLC (hereinafter referred to as "Course Provider, “we,” “us,” or “our”) and you, further defined below, as a participant in the Course, also defined below.

By purchasing access to and participating in a course sold by Course Provider, you agree to the following terms and conditions of this Agreement, as well as our Privacy Policy, hereby incorporated by reference. In the event of a conflict between this Agreement and our Privacy Policy or website Terms of Use, the terms of this Agreement shall control.

This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").

Please read the following Agreement carefully. THE BOLDED SECTION ENTITLED ‘BINDING ARBITRATION’ AFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING.

DEFINITIONS:

A) The parties referred to in this Agreement shall be defined as follows:

  1. Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
  2. You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
  3. Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.

B) The Course details are as follows:

  1. Course Name: Learning Sound and Synthesis
  2. Course Description: This course teaches an introduction to synthesis concepts and techniques, and how to get started working with modular synthesizers using the online application VCV Rack.

AND/OR

  1. Course Name: From Patch to Polished
  2. Course Description: This course teaches you how to turn your synth patches into complete, release-ready tracks by covering composition, editing, and mixing techniques.

AND/OR

  1. Course Name: Discover Modular Synthesis: Moog Mavis
  2. Course Description: This course teaches you sound design and synthesis fundamentals with Moog’s Semi-Modular Synthesizer MAVIS.

AND/OR

  1. Course Name: Create Your Practice Masterclass
  2. Course Description: This masterclass teaches you strategies for building a productive, inspired musical practice whether you’re a complete beginner or looking to reset and refresh your workflow.

AND/OR

  1. Course Name: Your 1st Modular Synth Patch
  2. Course Description: This mini-course teaches you how to get started in modular synthesis to create your very first synth patch using VCV Rack.

ACKNOWLEDGEMENT & ACCEPTANCE:

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you acknowledge and accept the terms of this Agreement.

This Agreement may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Agreement to which you are bound.

AGE RESTRICTION:

You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age. Course Provider assumes no responsibility or liability for any misrepresentation of your age.

LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:

We may provide you with certain information as a result of your accessing the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to access, view, download, and use the Materials for personal use (not business use) solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose.

You are prohibited from reselling or distributing such purchased material. 

This license is granted for use by (1) individual only. If you would like to participate in the Course with a friend, business partner, or colleague, each individual must register separately. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.

If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and participate in any course provided by Course Provider shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. We also reserve the right to revoke your access to any purchased material, without refund, and take any appropriate legal action.

You will have lifetime access to Course Materials upon making payment in full for the Course. “Lifetime Access” is defined as user access for as long as the Course exists, unless this Agreement is otherwise terminated. 

CONFIDENTIALITY & NON_DISCLOSURE:

By participating in the Course, you agree to protect the privacy of Course Provider and other participants pursuant to the following conditions:

  • You agree not to disclose any proprietary information, confidential information, or trade secrets relating to information and content provided through the Course.
  • You will not discuss or disclose the experience or personal results of other participants.
  • You will not disclose any confidential or proprietary information shared by another participant or Course Provider’s agents or representatives.
  • You may not share, disclose, reproduce, modify, distribute, sell, or create a derivative work from any content belonging to and shared by another participant.

DISCLAIMER:

Course Provider makes no guarantees or claims of any kind regarding any potential skills you may acquire or income you may earn or generate by using or participating in the Course, or implementing information provided through the Course or any of our resources.

Course Provider does not make any guarantees of your results or likely outcome from your registration in the Course. We do not guarantee any specific outcome of any kind, whether financial, physical, emotional, psychological, social, spiritual, legal, or otherwise. Your outcome may be influenced by numerous variables including but not limited to your cooperation, focus, energy, talent, ability, and dedication, as well as the influence of outside circumstances and variables.

Any information or content provided through the Course is solely for educational and informational purposes. 

You are encouraged to seek professional advice and counsel relating to mental, psychological, legal, and financial matters. The information or content provided through the Course is not represented in any way to be a substitute for such professional advice.

Your decision to use information provided though the Course is purely voluntary and you acknowledge, understand, and agree that you use such information at your own risk. We are not liable for any harm or damages arising from or related to your use or non-use of information or content provided through the Course.

TECHNOLOGY DISCLAIMER:

By accessing and participating in the Course, you acknowledge, understand, and agree that Course Provider makes no representations, warranties, or guarantees regarding the function or condition of our website or any other tools used in the Course including any features or links.

You further understand and agree that Course Provider shall not be liable to you for any loss, damage, inconvenience, or interruption caused by the existence of viruses, or lack of accessibility or availability of our website any other tools used in the Course including any features or links.

In the event of an interruption of service, Course Provider will make commercially reasonable efforts to restore service and access as soon as practical.  

INTELLECTUAL PROPERTY:

Course Provider reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, within or relating to the Course, as well as any and all information assessed through the Course, which is proprietary.

You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all rights, titles, and interests in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

SESSION RECORDINGS AND CONTENT YOU POST:

Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website ("User Contributions"). You acknowledge that segments of your participation in the Course will be facilitated through Zoom or another video meeting software. These sessions will be recorded. You acknowledge and agree that recordings of these sessions, which may include chat logs, and/or video of you speaking and/or performing, will be published within the Course and accessible to other students for educational purposes. You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you post in the form of written text or photographs for educational and marketing purposes. The Course Provider claims no further proprietary rights in your User Contributions. This license shall not include your original musical works and/or video or audio of your performances, besides the publication of such content within the Course platform to be accessed by other Course students for educational purposes.

You also agree to comply with the "Acceptable Use" provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

AUTHORIZATION AND RELEASE:

You understand that your participation in the Course (the “Participation”) may be recorded in audio, video, still image or other form, and you hereby grant Course Provider royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of this content.

You also hereby release, discharge and agree to hold harmless the Producers from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation or copyright infringement, resulting from their use of my Personal Information, and the Participation. You agree that your use of the Service is voluntary, and you assume complete responsibility for your actions in connection therewith.

You hereby warrant that You are over eighteen years of age and competent to contract in Your own name. You agree that this release shall be binding on you, your legal representatives, your heirs, and your assigns.

YOUR OBLIGATIONS:

As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

FINANCIAL OBLIGATION:

You are responsible for the completion of all payment plans associated with products they purchase. All payment plans are charged 30 days apart, they are charged automatically without prior notification or consent, until your payment plan is complete. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. If payments are not made on a timely basis we reserve the right to revoke access to the Course and no refund will be made for previous payments made. You will be notified by [email protected] if your payment does not go through. After a 3rd notification is sent, if your payment details are still not updated and we are unable to take payment, your access will be revoked to the Course. To regain access to the program you will need to first pay any overdue payments in full. 

REFUNDS:

Each course has a unique refund policy detailed on the product sale page upon purchase. Some courses may not offer refunds—please read the sales page carefully. Request a refund by emailing [email protected] within the time period stated on said sale page and your refund will be processed within 7 business days. No refunds will be provided after the stated time period.

METHODS OF PAYMENT:

We accept Visa, Mastercard, American Express, and PayPal as a form of payment. If you choose to pay by monthly installments, you authorize the monthly charge for the product on your credit card, debit card, or from your PayPal account.

ACCEPTABLE USE:

You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.

You further agree not to use the Course or the Website:

  1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;
  2. To violate any intellectual property rights of the Course Provider or any third party;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetrate any fraud;
  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. To publish or distribute any obscene or defamatory material;
  7. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
  8. To unlawfully gather information about others.

COMMUNITY:

When using our products and/or services, you may be given access to an online community in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish any of the following:

  1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
  2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  3. Information that includes personal or identifying information about another person without that person’s consent.
  4. Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
  5. Any information or content that impersonates any person or entity.

By posting or otherwise publishing Your Content, you:

  1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
  2. Warrant that you have the right to grant the above licenses;
  3. Warrant that Your Content does not breach these Terms; and
  4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

  1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

The communities are not about trying to turn other Course participants into your customers. This is a friendly space for learning and is a pitch-free, solicitation-free and sales-free environment. Your failure to comply with our community rules may result in immediate termination of your participation in the Course without refund. We reserve the right to terminate your participation in the Community or Course with or without prior warning.

Students are welcome to meet together independently of meetings, sessions, or events organized by Course Provider, but understand and acknowledge that such meetings are not affiliated with or sponsored by Course Provider, even if the details of such meetings are arranged by students within Course Provider's private community or platform. As such, Course Provider bears no responsibility to facilitate or moderate any meetings organized independently by students. Course Provider shall not be liable to any student or third party for any actions or lack of action taken by students involved in such meetings, which may result in direct or indirect damages to another student or third party.

AFFILIATE MARKETING & ADVERTISING:

We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
  2. Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

DATA LOSS:

We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.

SPAM POLICY:

You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

TERMINATION

Any violation of this Agreement may lead to termination of your right to access our website and course portal and/or appropriate legal action. 

You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

THE COURSE AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE COURSE AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS REGARDING THE COURSE, EXCEPT AS REQUIRED BY LAW. YOU USE THE CONTENT PROVIDED THROUGH THE COURSE AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COURSE PROVIDER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COURSE PROVIDER DOES NOT WARRANT THAT THE COURSE WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.

FURTHERMORE, COURSE PROVIDER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THE COURSE

IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNTIVE, OR CONSEQUENCIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THE COURSE OR ANY CONTENT CONTAINED ON THE COURSE PLATFORM, WEBSITE, OR ANY OTHER TOOL USED TO DELIVER THE COURSE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEMDY AND THE MAXIMUM LIABILITY OF COURSE PROVIDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE PRICE OF PURCHASE.

INDEMNIFICATION:

BY ACCESSING AND USING THE COURSE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COURSE PROVIDER FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THE COURSE OR RELATED CONTENT.

JURISDICTION, VENUE & CHOICE OF LAW:

Through your participation in the Course and your use of the Website, you agree that the laws of Arkansas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: USA, Arkansas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

DISPUTE RESOLUTION:

If a dispute arises from or relating to this Agreement, our Content, or the Course, and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in the State of Arkansas. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees.

BINDING ARBITRATION:

IF MEDIATION DOES NOT RESOLVE A CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PARTIES AGREE THAT ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS COMMERCIAL ARBITRATION RULE AND ANY JUDGMENT RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL PAY THEIR OWN COSTS AND FEES. CLAIMS NECESSITATING ARBITRATION UNDER THIS SECTION INCLUDE, BUT ARE NOT LIMITED TO: CONTRACT CLAIM AND TORT CLAIMS. INTELLECTUAL PROPERTY CLAIMS BY COURSE PROVIDER WILL NOT BE SUBJECT TO ARBITRATION AND MAY, AS AN EXCEPTION OF THIS SUB-PART, BE LITIGATED. 

ASSIGNMENT:

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.

SEVERABILITY:

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.

NO WAIVER:

In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

HEADINGS FOR CONVENIENCE ONLY:

Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

NO AGENCY, PARTNERSHIP OR JOINT VENTURE:

No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

FORCE MAJEURE:

Neither party shall be liable for any delay or failure to fulfill its obligations under this Agreement if the delay or failure is caused by forces beyond its reasonable control, including without limitation natural and nuclear disasters, fire, flood, riot, war (declared and undeclared), acts of terrorism, revolution, embargoes, strikes, work stoppages, civil or military disturbances, loss of communication or computer services, or acts of God. In any such event, the party shall be relieved of any and all obligations under this Agreement during the applicable Force Majeure and resume performance of its obligations under this Agreement as soon as reasonably practicable.

ELECTRONIC COMMUNICATIONS PERMITTED:

Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected].

ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.