IMPORTANT INFORMATION – READ BEFORE PROCEEDING:
WEBSITE UTILIZATION AGREEMENT
Release from Liability; Indemnification; Right to Injunctive Relief and Liquidated Damages.
By pressing “I Agree” below, in consideration for utilizing this website (the “Website”) and viewing/participating in any of the services provided herein, I, the participant (“I” or “Participant”), hereby knowingly and voluntarily discharge, waive, and fully release Jankowski Studio, LLC (the “Company”), along with its owners, officers, employees, agents, representatives, successors, affiliates, and assigns from any and all liability and claims, of whatever form or nature, known or unknown, concerning, relating to, or arising from my viewing or utilization of this website and any of its content.
I hereby agree to indemnify, defend, and hold harmless the Company, its authorized representatives, members, agents, managers, officers, and employees against all losses, damages, claims, suits, penalties, liens, liabilities, judgments, costs, and expenses, including but not limited to fees of attorneys and other professionals, arising out of, in connection with, resulting from, or related to any act, omission, fault, or negligence of myself in connection with or related to this Agreement. I hereby acknowledge that it will be difficult to determine an adequate remedy at law for any such violations of the terms of this Agreement and agree that, in addition to any other remedies available to it in law or in equity, the Company shall be entitled to injunctive relief and liquidated damages of, at minimum, $10,000.00, for any such violations.
I acknowledge and agree that my utilization of this Website shall have the same force and effect as me assenting to the terms of this Agreement, regardless of whether I click the “I Agree” button below. I further acknowledge that any provisions that by their terms survive or require performance after expiration or termination of this Agreement shall continue to apply.
Release for Injuries.
I understand and acknowledge that playing any musical instrument comes with inherent risk of injury to one’s body and joints, and understand and acknowledge that those providing content on this website are not medical professionals and that nothing contained in this website is meant or intended to be considered medical advice. I acknowledge that the Company encourages me to consult with a medical professional regarding any of the content shared on this Website that I intend to utilize for my own purposes prior to such utilization. The Company recommends that in the event of injury, I seek medical treatment immediately.
Content Availability and Privacy.
I acknowledge and agree that the Company shall not be held liable for any damages or losses, of any kind, that I incur as a result of the services on the website or the website itself being unavailable for any reason. I further understand and acknowledge that each user of the Website must have his or her own login information and that I may not share my login information for the Website with any other person or entity. I agree that the Company shall not be held liable for any damages arising from my sharing, whether intentional or unintentional, of such information.
Unlawful Dissemination of Information.
I further acknowledge and agree that any content shared on this website (the “Work Product”) is the copyrighted property of the Company, and unless otherwise indicated by the Company (as designated on the website with a “Download” button), any downloading, copying, or other unlawful dissemination of the Work Product is strictly prohibited. Moreover, any Work Product permitted to be downloaded must be used only by me for personal purposes, or for the limited purpose of providing such Work Product to a Company-approved body of students or other individuals, and may not be otherwise disseminated or commercialized in any way. I understand that violations of any of the above restrictions will be aggressively pursued by the Company.
I further acknowledge and agree that any content that I choose to share on the Website may be copied, utilized, and/or disseminated by the Company in any way that it chooses, including for Website content, promotional, and/or marketing materials. I hereby acknowledge and agree that the Company shall not be held liable for any claims or damages I may incur as a result of the Company’s dissemination of content I share on the Website.
Fees and Costs.
I understand and acknowledge that any and all fees paid to the Company by me arising out of, or related to, my usage of the Website are not refundable for any reason. I agree to hold the Company harmless for any claims for refunds of fees paid that I may have at any time and for any reason.
Dispute Resolution/Waiver of Jury Trial.
In the event of a dispute arising from, or related to, this Agreement, I agree to submit my dispute to binding arbitration pursuant to the rules of the American Arbitration Association. The arbitration shall take place in Summit County, Ohio, and the arbitrator shall be a member of the Akron Bar Association selected by the Summit County Court of Common Pleas. I hereby expressly waive my right to trial by jury.
This constitutes the entire understanding between the parties with respect to the subject matter contained herein and supersedes any and all prior understandings, written or oral.
No amendments to this Agreement shall be binding unless in writing and signed by both parties.
If for any reason any provision of this Agreement shall be deemed by a court of competent judgment to be invalid or unenforceable, the validity and enforceability of the remainder of the Agreement shall not be affected and such provision shall be modified to the minimum extent necessary to make such provision consistent with applicable law.
This Agreement shall be governed by, and interpreted under, the laws of the State of Ohio.
The failure of either party to insist upon strict adherence to any term, covenant or condition of this Agreement on any occasion shall not be considered a waiver or relinquishment of any right of such party or parties to insist upon strict performance of that term, covenant, or condition, or any other term, covenant or condition, of this Agreement at any time thereafter.