THIS IS A LEGAL CONTRACT. THESE TERMS OF SERVICE APPLY TO YOUR USE OF THIS WEBSITE AND THESE SERVICES, AND MAY AFFECT YOUR LEGAL RIGHTS.
Site ID and Ownership
Welcome to the website located at chicagobluesnetwork.com, including but not limited to any and all landing pages, web pages, subdomains, web and mobile applications, and successor domains, websites, landing pages, web pages, subdomains and web and mobile applications of this website or maintained by Blues Institute, LLC and used in association with the services provided by Blues Institute, LLC through this website (collectively, the “Site”). This Site is owned and operated by Blues Institute, LLC, d/b/a Chicago Blues Network, an Illinois limited liability company (“Blues Institute” “Us” or “We”). The term “Representatives” as used in these Terms means each and all owners, officers, shareholders, directors, members, managers, agents, representatives, employees, contractors, Affiliates, successors and assigns of Blues Institute. The term “Affiliates” as used in these Terms means any entity controlled by, controlling, or under common control with Blues Institute, either directly or indirectly through any intermediary (each such entity, an “Affiliate”). You and Blues Institute are each a “Party” and together are the “Parties” to these Terms.
Application of Terms
These Terms of Service (these “Terms”) apply to the Site and to all associated services, products, features, and content (collectively, the “Services”) of the Site or otherwise provided by or on behalf of Blues Institute. These Terms govern the relationship between you, the user of the Site or any of the Services (“You”) and Blues Institute. You understand and agree that in order to deliver the Services, Blues Institute may utilize certain third party software, hardware, websites, platforms, content, products or services (collectively, “Third Party Services”), and You agree that Blues Institute and its Representatives are not liable or responsible for any such Third Party Services, or for any Third Party Services which may be accessed by You via third party links on the Site, and You hold harmless, waive, discharge, and covenant not to sue Blues Institute or any of its Representatives in connection with any of such foregoing Third Party Services.
Acceptance of Terms
The Site and Services are made available by Blues Institute subject to these Terms. Blues Institute reserves the right to update or amend these Terms from time to time in its discretion. In the event of any updates or amendments to these Terms, Blues Institute will provide You with notice of the updates or amendments by any one or more means determined reasonable in its discretion, including but not limited to providing notice on the site, providing email notice, or otherwise. These Terms, including the date of last revision, will always be available for your review directly on the Site. You may always request a copy of our most recent Terms from Us by emailing Us at firstname.lastname@example.org.
YOUR USE OF THE SITE OR SERVICES AFTER NOTICE OF UPDATES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO THE TERMS AS UPDATED OR AMENDED.
Must be 18
You must be at least eighteen (18) years old to use this Site or any of the Services. You warrant that You are at least eighteen (18) years old and have the authority and capacity to enter into this legal contract.
This Site is intended to provide users with access to music instruction and related Services. You understand and agree that your progress and skill level are subject entirely to You, and not to Blues Institute, the Site or any instructor of the Services. Blues Institute and its Representatives assume no liability whatsoever for your skills, progress or improvements as a musician or music student, and make no claims, promises or warranties regarding your skills, progress or improvements, and You hold harmless, waive, discharge, and covenant not to sue Blues Institute and/or each and/or any and/or all of its Representatives in connection with your skills, progress or improvements as a musician or music student.
Blues Institute reserves the right at any time, in its discretion, to change its pricing, license terms, and refund and cancellation policies.
Blues Institute reserves the right at any time, in its discretion, to modify, suspend or discontinue the Site or Services, with or without notice.
You may share the link to this Site URL. You may share links to the web pages on this Site, unless those pages were made available to You through a purchase or registration.
You may not copy this Site or any content on this Site, in whole or in part, for any purpose, without the specific, prior written consent of Blues Institute.
You may not copy or share lessons or any other content purchased on this Site, in whole or in part, without the specific, prior written consent of Blues Institute.
When You purchase lessons or other content on this Site, You purchase a non-exclusive, revocable, non-sub-licensable, non-transferable, limited license to use that content solely for your own personal, non-commercial use for the period of time granted in connection with your active registration or other purchase.
You may cancel your purchase of lessons within 60 days of purchase. In such event, You may be entitled to a partial refund at Blues Institute’s discretion, prorated with respect to content accessed prior to cancellation, provided that in no event will any amount of your purchase payment donated or earmarked by Blues Institute for donation to the Blues Foundation or any other organization supporting musicians or the arts be refunded. You may cancel other purchased content solely as outlined on the Site with respect to purchases of that content. You understand and agree that in the event of any cancellation or in the event of any problem with your payment for purchased content, Blues Institute will cancel your purchase and You will have no right to access or use the content.
The trade names, trademarks and service marks on the Site or Services, including but not limited to the “look and feel” of the Site and Services and any and all pages, content, forms, information and materials associated therewith or in connection with which the Site or Services are made available, including, but not limited to, “CHICAGO BLUES NETWORK,” “BLUES INSTITUTE,” “CHICAGO BLUES BOOTCAMP,” “CHICAGO BLUES CAMP,” “AT HOME CHICAGO BLUES” and “AT HOME CHICAGO BLUES” are owned by Blues Institute, its licensors or other respective owners, whether or not registered in any jurisdiction in the world, and may not without the specific, prior written consent of Blues Institute be used in connection with any other site, business, product or service or be used in any way that is likely to cause confusion. Nothing contained in these Terms, on the Site or related to the Services will be construed as granting any right or license to You or any other party to use any of the trade names, trademarks or service marks on the Site or Services or in connection with which the Site or Services are made available without the specific, prior written consent of Blues Institute.
You understand and agree that Blues Institute owns or has license rights in all of the content, information and materials on or purchased on this Site, and that all such content, information and materials are protected by copyright, trademark, patent and/or other proprietary rights, laws, and treaties. You understand and agree that You will be fully liable for any violation by You of the limited license rights granted to You in connection with your purchase, and that any such violation will constitute unlawful action under U.S. and international copyright, trademark and other laws and treaties. You agree that Blues Institute has a right to audit your use of purchased content and compliance with your limited license, and a right of inspection with regard to same. In the event You violate your limited license rights, Blues Institute and its licensors will be entitled to any and all remedies at law and in equity available to them. Notwithstanding, You agree that in the event of any such breach, it would be difficult to calculate the monetary damages owing to such breach, and that such breach may cause irreparable harm to, and/or that monetary damages may not adequately compensate, Blues Institute or its licensors. In light of this difficulty and to avoid the Parties’ inconvenience and expense in attempting to ascertain precisely the damages incurred by Blues Institute in any such event, You agree that in any such event Blues Institute will be entitled, without necessity of proving any damages or posting any bond or other security, (1) to immediate injunctive and/or other equitable relief, including but not limited to temporary order, preliminary injunction, or any other specific performance restraining and/or correcting any breach and any threatened or further breach, and (2) upon its demand, to liquidated damages in the amount of $25,000 U.S. dollars per breach. The Parties do not intend these liquidated damages to be penal in nature, and each agrees that they will not be construed as penal. The Parties agree that any payment by You of liquidated damages under this Section of these Terms will not serve as a waiver of or bar any other remedies or relief of any kind or nature available to Blues Institute at law or in equity under this Section or these Terms. The Parties agree that in the event of any breach by You under this Section of these Terms, You will be liable for, and will, upon Blues Institute’s demand, reimburse Blues Institute for or otherwise pay its reasonable attorneys’ fees and other legal costs incurred by it in connection with your breach.
The Parties additionally agree that in the event of any delay or default by You in the payment of any amount owed by You under this Section of these Terms, You will be liable for, and will pay to Blues Institute upon its demand, its reasonable costs of collection and interest on the amount owed at the rate of nine percent (9%) simple annual interest or the highest rate otherwise allowed under applicable law.
Disclaimer of Site Functions
WHILE WE TRY TO MAINTAIN THE INTEGRITY AND FUNCTIONING OF THE SITE AND SERVICES, YOU UNDERSTAND AND AGREE THAT THE INTERNET, WORLD WIDE WEB, AND INFORMATION AND DIGITAL TECHNOLOGY AND RELATED EQUIPMENT INHERENTLY INVOLVE A CERTAIN DEGREE OF RISK AND LACK OF CERTAINTY, RELIABILITY OR PREDICTABILITY, AND YOU ASSUME ANY AND ALL RISK WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE SECURITY OF THE SITE AND SERVICES. THIS SITE AND ALL ELEMENTS OF THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BLUES INSTITUTE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; FUNCTIONALITY OR STABILITY; CONSISTENCY; LACK OF VIRUSES; SECURITY; ACCURACY OR COMPLETENESS OF INFORMATION, RESPONSES, OR RESULTS; CORRESPONDENCE TO DESCRIPTION; LACK OF NEGLIGENCE; WARRANTY, DUTY, OR CONDITION OF TITLE; QUIET ENJOYMENT; AND NON-INFRINGEMENT. BLUES INSTITUTE DOES NOT WARRANT AND MAKES NO PROMISE, REPRESENTATION, OR GUARANTEE THAT THE SITE OR THE SERVICES WILL BE ACCESSIBLE OR RELIABLE, THAT THE FUNCTIONS OF THE SITE OR SERVICES ARE OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES, SERVERS, SOFTWARE, HARDWARE, OR OTHER TECHNOLOGY THAT MAKE THE SITE OR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT, INFORMATION, OR MATERIALS APPEARING OR CONTAINED ON THE SITE WILL BE CORRECT, ACCURATE, OR RELIABLE.
Limitation of Liability
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT IN THE EVENT OF BLUES INSTITUTE’S DIRECT, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BLUES INSTITUTE AND ITS PAST, PRESENT, AND FUTURE REPRESENTATIVES WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, TO YOU OR ANY OTHER PERSON, GROUP, OR ENTITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS SITE OR ANY PRODUCT OR SERVICE PROVIDED ON OR LINKED TO OR ADVERTISED OR PROMOTED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, CHARACTER, OR NATURE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA OR INFORMATION, LOST MATERIALS OR DOCUMENTS, HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION, ACTIONS OR INTERFERENCE OF THIRD PARTIES, OR ANY OR ALL OTHER TANGIBLE OR INTANGIBLE DAMAGES, INJURIES OR LOSSES OF ANY KIND OR NATURE, EVEN IF BLUES INSTITUTE OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, YOU HEREBY AGREE THAT EVEN IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR REMEDY HEREIN FAILS ITS ESSENTIAL PURPOSE, OR IN THE EVENT ANY COURT OF COMPETENT JURISDICTION SHOULD HOLD BLUES INSTITUTE OR ANY OF ITS REPRESENATIVES LIABLE FOR ANY DAMAGES UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, THE FOREGOING LIMITATIONS, EXCLUSIONS, DISCLAIMERS AND REMEDIES APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT WILL BLUES INSTITUTE’S AND ITS PAST, PRESENT AND FUTURE REPRESENTATIVES’ ENTIRE COLLECTIVE AND AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL DAMAGE AWARDED TO YOU UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED FIVE HUNDRED U.S. DOLLARS ($500). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH READS (OR ANY SIMILAR SECTION OF ANY OTHER CODE OR LAW OF ANY OTHER STATE WHICH IS SIMILAR IN READING OR MEANING TO), “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” AS MAY BE AMENDED.
To the maximum extent allowed by applicable law, You agree to defend, indemnify, and hold harmless, Blues Institute and its past, present and future Representatives from and against any and all claims, demands, actions, suits, proceedings, arbitrations, mediations, investigations, threats of any of the foregoing, fees, costs, losses, damages, injuries, obligations, expenses, and liabilities of any nature whatsoever, including but not limited to any and all attorneys’ fees and other legal costs and costs of collection (collectively, “Costs”), arising out of or related to (1) your use or inability to use, or your activities or that associated with your account or registration on or in connection to, the Site or Services or any element thereof; (2) any actual or alleged violation by You or associated with your account or registration of these Terms or any provision thereof; (3) any infringement, invasion, misappropriation, breach of confidentiality, invasion of privacy, right of publicity, libel, defamation, harassment, or other violation of or against the rights or property of any third party by You or associated with your account, registration or activities in connection with the Site or Services or any element thereof. To the maximum extent allowed by applicable law, You hereby waive, discharge, and covenant not to sue Blues Institute or any of its past, present or future Representatives in connection with any such Costs. Blues Institute reserves the right, in its discretion, to assume and assert the exclusive defense and control of any matter subject to indemnification by You under these Terms, in which event You will fully cooperate with Blues Institute with respect to its defense and control of the matter, including but not limited to in asserting any and all available defenses, and will reimburse Blues Institute or pay all Costs incurred by it upon its demand in connection with any such defense.
- Copying, reproducing, republishing, forwarding, sharing, displaying, transmitting, posting, capturing, recording, distributing, modifying, creating derivatives of, reverse engineering, uploading, downloading, translating, renting, leasing, selling, transferring, or exploiting the Site of Services or any element thereof, including but not limited to any content, information, comments, communications, notes, text, data, forms, pages, materials, trademarks, service marks, or other intellectual property of or appearing on the Site or Services;
- Removing any copyright, trademark or other proprietary rights notice from the Site or Services or any content or materials available through the Site or Services;
- Damaging, disabling, overburdening, impairing, injuring, destroying, stealing, invading, infringing, threatening, abusing, interfering with, or otherwise violating the Site or Services, or any part thereof, or Blues Institute’s or any other party’s privacy, rights, confidential information, or use or enjoyment of the Site or Services;
- Hacking, password mining, harvesting, collecting, or gaining or attempting to gain access to any unauthorized services, servers, accounts, systems, networks, databases, content, information, materials, software, hardware, or electronic, telecommunications, or other equipment;
- Deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas, algorithms, or trade secrets of the Site or Services or any element thereof, except to the limited extent any applicable U.S. laws specifically prohibit or limit such restriction;
- Disrupting, damaging, limiting, preventing, restricting, or interfering with the proper functioning of the Site or Services or any software, hardware, or electronic, telecommunications, or other technology or equipment;
- Impersonating any person or entity, including but not limited to Blues Institute or any Representative of Blues Institute;
- Writing, contributing, publishing, posting, sharing, copying, forwarding, transmitting, displaying, using, reproducing, uploading, downloading, distributing, transferring, disseminating, injecting, or infecting into or onto the Site or Services any:
- inappropriate, profane, defamatory, harassing, threatening, libelous, tortious, obscene, offensive, indecent, injurious, invasive, misappropriated, infringing, or unlawful images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, or programs including but not limited to that which may infringe, invade or otherwise violate others’ licenses, rights, or interests; impersonate any party; falsely state, misrepresent, or imply your affiliation with any party; or state or imply that We endorse any such information or contribution;
- images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, robots, or programs that “crawl,” “spider,” “index,” “scrape,” “data mine,” contain viruses, Trojan Horses, Worms, time bombs, candlebots, or any corrupted, corrupting, harmful, or invasive effects, codes, information, instructions, sequences, data, or materials whatsoever or that otherwise gather, copy or reproduce content or circumvent the Site or Services or the structure or integrity thereof or Blues Institute’s rights therein or ;
- fraudulent, false, misleading, untruthful, or inaccurate statements or information; or
- unsolicited or unauthorized advertising or promotional information or materials or any junk mail, Maillist, Listserv, form of auto-responder, spam, or chain letters.
If You are a copyright holder and believe in good faith that your rights or property have been infringed by any material on this Site or the Services, You or your agent may send Us a written notice under and in compliance with the then-current statutory requirements imposed by The Digital Millennium Copyright Act of 1998 (the “DMCA”) requesting that We remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You with respect to any material on this Site or the Services, You may send Us a DMCA compliant counter-notice. DMCA notices and counter-notices may be delivered by email to our DMCA agent at: email@example.com or You may use the contact form on the Site. Please do not include any private, sensitive or confidential information or payment information in your DMCA notice or counter-notice.
Monitoring of Proper Uses
You understand and agree that Blues Institute has no obligation to monitor or police the Site or Services or the content or information on the Site or Services, but that Blues Institute may so monitor or police the Site and Services and any and all content or information located on the Site and Services, by manual, automated or other means, to ensure proper use of the Site and Services and to protect consumers from any and all potentially unauthorized and improper contacts, communications, or uses, and, that with no liability whatsoever to Blues Institute and with no notice and for any reason whatsoever, Blues Institute may in its sole discretion disclose the results of such monitoring and any information discovered in connection therewith to any party for any purpose and/or restrict, limit, reject, refuse, revoke, freeze, or terminate any party’s access to the Site or Services or restrict, limit, reject, refuse, revoke, freeze, terminate, remove, or close any account or remove or delete any content or information from the Site or Services.
You may need to create an account on this Site or to register to purchase Services. You represent and warrant that all information submitted in connection with your account or registration is truthful, complete, accurate and yours. If You create an account or register on this Site, You alone are responsible for maintaining the confidentiality of your account and password, and for restricting access to your devices through which You access the Site or Services. You understand and agree that Blues Institute may in its sole discretion reject or require that You change any user name or password for any reason. You agree to, and do, accept full and sole responsibility for any and all activity conducted or occurring in, on, or under your account or registration and any and all access and use of the Site or Services made possible through the use of your account or registration, and You warrant that You have the right to use, and to grant to Blues Institute the license to use and to reproduce, display, distribute, publish and otherwise sublicense, as applicable, any and all information, content, materials, and intellectual property which You may add, upload, contribute, forward, share, distribute, display, transfer, publish, post, write, or input into or onto the Site, or which is automatically relayed as a result of your use of the Site or Services, and that such use will not damage, infringe, invade, misappropriate or otherwise violate any third party’s rights or interests or the Site or Services. You agree that You will not share, assign or otherwise transfer your account or registration to any other party for any purpose whatsoever.
Electronic Communications and Written Evidences
You understand and agree that accessing the Site or Services or communicating via email or through the Site with or to Blues Institute constitutes electronic communication and establishes an electronic relationship between You and Blues Institute for communication purposes. You consent to receive electronic communications from Blues Institute, and agree that any and all agreements, notices, alerts, disclosures, updates, and other communications required or allowed to be delivered or provided to You may be delivered or provided electronically through the Site, through email, or through such other form or means of electronic communication which may be or become commonly used and accepted for such purposes, and that such communications constitute communications in writing and satisfy any and all legal requirements regarding communications in writing.
You agree that Blues Institute may provide any notice or other communication required or allowed to be delivered to You in connection with these Terms or your use of the Site or Services at the email address provided by You at the time of your registration or creation of an account on or in association with the Site, and that any such notice will be deemed given upon its delivery.
Public Bulletin Boards or Communication Services
This Site or the Services may feature one or more bulletin or message boards, chat areas, news groups, forums, communities, profiles, personal pages, calendars, or other pages, platforms, or facilities designed to allow You to communicate with groups or with the public at large (collectively, “Public Communication Services”). When communicating publicly, please always use caution if or when communicating any information about yourself, your location, or your children or loved ones. Blues Institute does not control or endorse any content, materials, information, or communications appearing on Public Communication Services, is not and cannot be responsible or liable for the use of any such content, materials, information or communications by third parties, and such content, materials, information, and communications do not necessarily reflect the views or opinions of Blues Institute or its Representatives. Blues Institute is not responsible or liable for, and specifically disclaims any and all liability regarding, any or all such content, materials, information, or communications, and You hold harmless and waive, discharge, and covenant not to sue Blues Institute or any of its past, present or future Representatives in connection with any such content, materials, information or communications. Blues Institute reserves the right at all times in its discretion to remove, edit, or refuse to post, display, or publish any content, materials, information, or communications in whole or in part for any reason, including but not limited to complying with or satisfying any applicable law, regulation, legal process, or government request.
Links to Third Party Sites or Services
This Site or the Services may contain links to third party websites, offerings, products or services (collectively, “Linked Sites”). Linked Sites are not controlled or operated by Blues Institute, and the presence of such a link does not imply any endorsement by Blues Institute of the Linked Site or any association or affiliation between Blues Institute and the owners or operators of the Linked Site. Blues Institute is not responsible or liable for any content or information appearing on any such Linked Site or for your experience with respect to any such Linked Site. Blues Institute does not endorse, guarantee, or warrant the products or services of any third party or website, and Blues Institute is not an agent, broker, dealer, or representative of, or otherwise responsible or liable for or on behalf of, any such third party, services, products, offerings or websites. Linked Sites are provided for your convenience only. You understand and agree that You connect to, access, or use any such Linked Site solely at your own risk.
Termination of Agreement
These Terms are effective until terminated by Blues Institute. You agree that Blues Institute may terminate your access to or use of the Site or Services at any time for any reason or no reason, including but not limited to if it reasonably believes or has cause to believe You have violated these Terms or acted inconsistently with the spirit of these Terms. Immediately upon any such termination, your rights to access or use the Site or Services will terminate, your account, registration, and any related information may be deleted or deactivated, or both, and may not be recoverable, and any of this may occur without your prior notice. You hold harmless, waive, discharge, and covenant not to sue Blues Institute or any of its past, present or future Representatives in connection with any of the foregoing, and You hereby agree that Blues Institute and its Representatives are not liable to You or any third party in damages or otherwise for any of the same.
You agree that Blues Institute will not be liable or responsible or deemed in breach or default of any provision of this Agreement, or for delays, changes, or failures in performance or partial or incomplete performance, caused by or as a result of or in connection with events, circumstances or forces beyond its reasonable control, or determined necessary or appropriate in its sole discretion in connection with any of the same (not including events or forces caused by its own negligence or willful misconduct), including but not limited to acts of God, fire or flood (whether naturally occurring or manmade), communicable disease outbreak, epidemic, pandemic, public health emergency, instructor illness, instructor inability or unwillingness to perform, acts of nature (including but not limited to natural catastrophe or disaster, severe weather, tidal surge, tsunami, landslide, earthquake, hurricane, lightning, etc.) acts of war (regardless of whether declared), terrorism, acts of public enemy, vandalism, sabotage, labor shortage, labor dispute, slowdown or stoppage, strike, lockout, industrial disturbance, civil or societal unrest, insurrection, riot, equipment or material shortage or inability, impracticability or difficulty to obtain equipment or materials, transportation interruption, delay, or service failure, power failure, disruption or outage, logistical or infrastructure failure, disruption or outage, technical failure, disruption or outage, casualty, accident, loss, injury, damage, condemnation, explosion, acts or conditions of law enforcement, acts or conditions of military, governmental (whether foreign, national, state or local) regulation, act, order, demand, or other requirement (not including or caused by Blues Institute’s specific failure to comply with law or regulation existing and applicable to its performance at the time of the making of these Terms), quarantine, embargo, travel warning or restriction, commercial impracticability or impossibility, adverse economic conditions, adverse environmental conditions, adverse site conditions, change in law or regulation or in application or interpretation of law or regulation or introduction of new law or regulation applicable or impactful directly or indirectly to performance, or action of government (whether foreign, national, state or local), utility, or commercial entity intended to control, mitigate or otherwise address any such forces or events.
In connection with circumstances of force majeure, Blues Institute may, at its discretion, reschedule performance or refund any refundable payment, prorated, for the applicable partial, incomplete or nonperformance.
United States Service
This Site and the Services are operated within the United States, and all data and information submitted or inputted will be connected and transferred to, and used within, the United States. By accessing the Site or Services, You consent to this use and transfer. If You are using the Site or Services from outside the United States, additional laws may apply. Please ensure your use of the Site or Services is appropriate for You and in your jurisdiction. If You access the Site or Services from outside the United States, You do so at your sole initiative and risk and are solely responsible for compliance with any and all applicable laws and consequences of your access and use. You may not use the Site or Services in any jurisdiction in which such use would be illegal or unlawful.
These Terms and any amendments to these Terms are and shall be governed, to the maximum extent allowed by applicable law, exclusively by these Terms, and construed and enforced in accordance with Illinois domestic substantive law without giving effect to any choice or conflict of law rule or provision which would cause the application of the law of any other jurisdiction.
These Terms constitute the entire agreement and understanding between You and Blues Institute with respect to the subject matter of these Terms and supersede any and all written or oral prior and contemporaneous agreements, understandings, offers, negotiations or other communications between the Parties with respect to the subject matter of these Terms. These Terms may only be modified or amended by Blues Institute, and any modified or amended Terms will supersede the previous version of these Terms. Blues Institute may assign its rights and duties under these Terms to any party at any time without notice to You.
Blues Institute’s remedies for any breach by You of this Agreement include all possible remedies at law and in equity, and nothing contained in these Terms will be deemed to limit Blues Institute’s remedies hereunder.
The Parties intend and believe that each provision of this Agreement comports with all applicable law. However, if any provision of this Agreement is found by an acceptable arbitrator or court of competent jurisdiction to be in violation of any applicable law, and if such arbitrator or court should declare such provision of this Agreement to be unlawful, invalid, or unenforceable as written, then it is the intent of the Parties that such provision be construed so as to limit, modify or interpret any such unlawfulness, invalidity, or unenforceability so as to make such provision valid and enforceable within the requirements of applicable law and so as to give such provision, as closely as possible according to the Parties’ intentions, full force and effect to the fullest possible extent that it is legal, valid and enforceable or, in the event such provision cannot be so limited, modified, interpreted or made, that this Agreement be construed so as to omit such provision, and that, in any case, the remainder of this Agreement continue in full force and effect and be unimpaired and construed as if such unlawful, void or unenforceable provision, or the relevant aspects thereof, were not contained therein, and the rights, obligations and interests of the Parties hereunder continue as fully as possible in accordance with the Parties’ intentions.
The waiver of any breach or default of any performance under, or of any term, covenant, or condition of, these Terms is not and will not be deemed estoppel against asserting the right to require such performance in the future or a waiver of any other term, covenant, or condition or of any subsequent breach of the same or any other term, covenant, or condition. All remedies are cumulative.
Words and phrases used in these Terms, including any acknowledgment hereof, will be construed and applied flexibly as in the singular or plural number, or masculine, feminine, or neutral genders, as the context upon interpretation or application so requires, and will not be used to strictly limit any interpretation or application of these Terms or any provision of these Terms.
All of the agreements, understandings, and obligations contained in these Terms that expressly or by their nature are intended to continue after termination of these Terms or your use of the Site or Services will survive any such termination and continue in full force and effect.
In the event You feel a matter of concern exists regarding your use of the Site or Services or these Terms, please contact Blues Institute at firstname.lastname@example.org.
At the election of Blues Institute in its sole and absolute discretion, should any matter or dispute remain unresolved between You and Blues Institute, such matter or dispute shall be subject to final and binding arbitration conducted by a single neutral arbitrator and administered by the American Arbitration Association, with proceedings to be conducted in Chicago, Illinois. The subject matter before the arbitrator may include claims for monetary damages and equitable and injunctive relief, and the prevailing Party in any such matter or dispute shall be entitled to recover its costs and reasonable attorneys’ fees. The decision or award of the arbitrator will be final and binding, and judgment upon such decision or award may be entered in any competent court, expressly including any such court sitting in Cook County, Illinois. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and any such entire dispute, including scope and enforceability of this provision, will be determined by the arbitrator. This provision survives any termination of your use of the Site or Services or of these Terms.
Alternatively, at Blues Institute’s sole and absolute discretion, should Blues Institute not elect to submit any matter or dispute to arbitration, the state and federal courts of Cook County, Illinois shall have exclusive jurisdiction over, and shall be the exclusive forums for, any matter, dispute, claim, or cause of action, whether in law or equity, arising under or in connection to these Terms or your use of the Site or Services, and You and Blues Institute hereby irrevocably consent to personal jurisdiction in such courts, waive any right to object to jurisdiction of or venue in such courts, and agree that service of process in any such circumstances may be made upon each Party, respectively, by any means allowed by Illinois or U.S. Federal law. The prevailing Party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees.
Date of Last Revision: May 4, 2020