Terms of Use

Terms of Purchase

Introduction

Last Updated December 21, 2023.

Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.

General Purpose

These Terms are between you (“Purchaser,” “you,” “your”) and Ashley Danyew, DBA Musician & Co. (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products and/or services (our “Products”)through the Company’s website at www.musicianandcompany.com or any related domains or subdomains (the “Website”). The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”

By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions, together with the Website Terms & Conditions of Use, Privacy Policy, and Disclaimers, all of which are hereby incorporated by reference (the "Terms"):

Scope of Products

Our Products include but are not limited to digital downloads, templates, online courses, masterclasses, workshops, and freelance services.

Product Delivery

When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.

Product Disclaimer

You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, Ashley Danyew, DBA Musician & Co. will not be responsible for any damages that result from the use of the Products.

No Warranties + No Guarantees

We are providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.

Geographic Limitations

You understand and agree that the Products may not be suitable for your state, country, or jurisdiction and agree that you are solely responsible for finding a licensed attorney in your area to review and modify the Products to adhere to your state's, country’s, or jurisdiction’s specific laws.

Payment + Billing

By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited-time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.

We reserve the right to refuse or cancel your order if fraud or an unauthorized transaction is suspected.

We use third-party services to facilitate payment. By submitting your information, you grant the Company the right to provide your payment information to these third parties as outlined in our Privacy Policy.

Return Policy

If our Products do not meet your needs and you have followed the conditions in this section, we are willing to offer a 7-day return policy. If you feel the Product does not meet your expectations compared to what was promised, and you can explain this in detail, please reach out to us within 7 days of your purchase and we'll work with you to make it right, even if that means a full refund.

Contact us at [email protected] and describe the discrepancy between what you felt was promised and what you found missing or lacking in the materials. We will do our best to make it right, but if we are not able to resolve your issue fully or efficiently, we will issue you a 100% refund within 7 days of your purchase. No refunds will be given after 7 days (168 hours) after purchase.

By requesting and accepting a refund, you agree to immediately cease use of the course, product, or template you purchased. In addition, you agree to delete all materials related to your purchase from all your electronic devices, including but not limited to video recordings, audio recordings, templates, spreadsheets, and other resources.

Chargebacks

By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.

Promotions + Discounts

We may occasionally market and/or advertise promotions, discounts, limited-time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer or give you store credit.

License for Use

By purchasing Products through our Website, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remain intact. Your limited license allows you to use the Products and any associated materials for yourself only. You are permitted to modify, copy, edit, print, and otherwise adapt this product for use for yourself and/or your business as long as you agree to adhere to all state and federal laws and intellectual property terms contained in these Terms. You are not permitted to reproduce, give away, publish, sell, or distribute this Product in any way, whether publicly or privately. You agree to modify the Products only in a manner consistent with these Terms of Purchase.

Intellectual Property

The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.

Consent to Use

By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.

Non-Compete

For a period of 1 year after you purchase Products from this Website or otherwise agree to these Terms, you understand and agree that you may not provide any services, engage in any aspect of business, and/or represent yourself and/or your business as template shop for self-employed musicians in a way that would be considered similar in nature to the Company or its offerings. This includes offering products that are seen as similar to the Products you purchased from the Company throughout the United States of America and its territories without the prior written consent of the Company.

Age Limitations

You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.

Changing Terms

We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Privacy + Protection of Personal Information

We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate our Company and provide our Products. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.

Error in Store Presentation

We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.

Termination of Use

We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.

Limitation of Liability

The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Maximum Damages

Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.

Binding Arbitration

In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Monroe County, New York. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law

These Terms and the Parties’ relationship are governed by the laws of the State of New York. In the event of conflicting laws, the laws of the State of New York will control.

Notices

We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Ashley Danyew, DBA Musician & Co. at P.O. Box 10146, Rochester, NY 14610. Notices provided by certified mail will be effective upon actual receipt of the notice.

Severability + No Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment

You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.

Force Majeure

To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only

The headings in these Terms are included for convenience and reference and are not meant to describe, define, or limit the scope or intent of any provision.

In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.