on behalf of an entity ("user" or "you") and Voixtek LLC, VoixtekVR and its affiliated companies (collectively, "Company"
or "we" or "us" or "our"), concerning your access to and use of the http://www.voixtek.com website as well as any other
media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "Website").
The Website provides the following service: Voice, Body And Mind. Vocal technique to improve singing and build the endurance
of the vocal instrument. On a subscription basis, you can enter the world of VoixtekVR and have Voixman guide you through
time tested technique and exercises, by on of the world's leading coaches, Ron Anderson. ("Company Services"). Supplemental
terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated
into this Agreement by reference.
Company makes no representation that the Website is appropriate or available in other locations other than where it is operated
by Company. The information provided on the Website is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject
Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access
the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission
of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your
parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not
permitted to register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE)
AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY
MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE
Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all
charges at the prices then in effect for the products you or other persons using your billing account may purchase, and
you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that
selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent
to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring
charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors
or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the
sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in
All sales are final and no refunds shall be issued.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission
to use this Website; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's
registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or
terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion,
such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that
does not closely relate to a user's actual name.
Regarding Content You Provide
The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may
provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast
content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio,
photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions").
Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make
available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of
your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to
use and to authorize Company and the Website users to use your Contributions as necessary to exercise the licenses granted
by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the
Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and
use of the Contribution in the manner contemplated by this Website;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined
by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate
the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not
violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit
people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child
pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender,
sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement
or any applicable law or regulation.
By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to
any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to
grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part)
and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising,
or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such
use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions;
rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii)
re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions
that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited,
non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use
your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews
or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should
comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed;
(2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references
to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers
should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize
a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do
not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any
review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants
to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company
to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you are accessing the Company Services via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable,
limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use
the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the
application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement,
translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection
with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use
the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (f) make the application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (g) use the application for creating a product, service or software that is, directly
or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces
of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution
of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access
the Company Services. You acknowledge that this Agreement is concluded between you and Company only, and not with Apple
Inc. or Google, Inc. (each an "App Distributor"), and Company, not an App Distributor, is solely responsible for the Company
application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited
to a non-transferable license to use the Company application on a device that utilizes the Apple iOS or Android operating
system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
(2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services with respect
to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Company
application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law,
to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable
warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund
the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, an
App Distributor will have no other warranty obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be
Company's sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is responsible
for addressing any claims of yours or any third party relating to the Company application or your possession and/or use
of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company
application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party
claim that the Company application or your possession and use of the Company application infringes a third party's intellectual
property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as
a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
(7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Company
application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement
when using the Company application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that the App Distributors,
and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and
conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right)
to enforce this Agreement against you as a third party beneficiary thereof.
As part of the functionality of the Website, you may link your account with online accounts you may have with third party
service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login
information through the Website; or (ii) allowing Company to access your Third Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to
disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account
(including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and
conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or
making Company subject to any usage limitations imposed by such third party service providers. By granting Company access
to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content
that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available
on and through the Website via your account, including without limitation any friend lists, and (ii) Company may submit
and receive additional information to your Third Party Account to the extent you are notified when you link your account
with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that
you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts
may be available on and through your account on the Website. Please note that if a Third Party Account or associated service
becomes unavailable or Company's access to such Third Party Account is terminated by the third party service provider,
then Social Network Content may no longer be available on and through the Website. You will have the ability to disable
the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social
Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party
Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and
informing you of those contacts who have also registered to use the Website. At your request made via email to our email
address listed below, or through your account settings (if applicable), Company will deactivate the connection between
the Website and your Third Party Account and delete any information stored on Company's servers that was obtained through
such Third Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website
or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee
of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial
or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website
may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by
Company. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any
portion of the Website
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making
up a part of the Website
E. deleting the copyright or other proprietary rights notice from any Website content
F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and
G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing
or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper
or offline reader that accesses the Website, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion
of the Company Services to you
I. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected
to the Website
J. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users
by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means
or under false pretenses
K. selling or otherwise transferring your profile
L. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a
collection, compilation, database or directory without written permission from Company
M. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account
information such as passwords
N. using any information obtained from the Website in order to harass, abuse, or harm another person
O. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
P. using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are
owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases,
functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs,
page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of
Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as
part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission
of the Company.
Company Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used,
copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible
to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download
or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal,
non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to other websites ("Third Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third
Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content
posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of,
linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval
or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install
any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases
you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Company reserves the right but does not have the obligation to:
A. monitor the Website for violations of this Agreement;
B. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including
without limitation, reporting such user to law enforcement authorities;
C. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable
(to the extent technologically feasible) any user's contribution or any portion thereof that may violate this Agreement
or any Company policy;
D. in Company's sole discretion and without limitation, notice or liability to remove from the Website or otherwise
disable all files and content that are excessive in size or are in any way burdensome to Company's systems;
E. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and
to facilitate the proper functioning of the Website.
you are consenting to have your personal data transferred to and processed in the United States. By using the Website or
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website,
as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for
terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR
NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS
AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND
THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,
IN COMPANY'S SOLE DISCRETION.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Website and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination
or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR
TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL,
CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN
THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH
If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website
and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company
Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users
with whom it maintains email information of such modifications by means of an email to their most recently provided email
address. It is therefore important that you regularly review this Agreement and keep your contact information current in
your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for
updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this
Agreement shall be effective after posting.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any
part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Company Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company
is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby
release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and/or the Company Services.
Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed
by and construed in accordance with the internal laws of the State/Commonwealth of Florida, without regard to conflict
of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as
set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and
federal courts located in Palm Beach County, State of Florida, and you hereby consent to, and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement.
Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement.
In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted
more than two (2) years after the cause of action arose.
Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related
to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations
commence upon written notice from one person to the other.
Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either
you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved
by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND
THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and where appropriate,
the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at
the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the
Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and where appropriate, limited by the AAA Consumer Rules. If
such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration
may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision
in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable
law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in Palm Beach County, State of Florida. Except as otherwise
provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you
individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there
is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Informal Negotiations and Arbitration.
You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations
and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company's
intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy
or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then
neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and you and Company agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may
relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct
any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does
not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the
Website, including without limitation content hosted on third party websites or provided by third party applications, or
that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and
are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with
any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website
or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
In Accordance with the Laws that govern, we cannot promise that everyone will experience exemplary benefits from using our
While the vast majority of our customers see amazing results in their voice, the one key to success is that you must actually
follow the guidelines set out in the program. The Voixtek Method is a system that will show you the techniques and exercises
needed to rapidly improve your singing voice. However, if you do not follow the guidelines in the program, your results
will not be consistent with our long list of clients, both celebrity and beginners, who do work the program as intended
and see great improvements in turn. The Voixtek Method and VoixtekVR will give you the tools but you have to actually do
the work in order to improve your voice.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR
THE COMPANY SERVICES DURING THE PERIOD OF 12 PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH,
IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company
Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth
above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with
Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the
contact information below. Any notices given to you shall be given to the email address you provided during the registration
process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after
the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices
by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company
Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of
data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken
using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH
AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING
TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS,
AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and
software, which are your sole responsibility.
Users are allowed on www.voixtek.com to transmit and receive valid electronic signatures in the United States under the
Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions
Act (UETA) of 1999 as adopted by individual states. Users' signatures and identities are not authenticated on www.voixtek.com.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure
of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This
Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you
without our express written consent. Company may assign any or all of its rights and obligations to others at any time.
Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's
reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability
of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between
you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company's request, you will
furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties
hereto to execute this Agreement.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company
Services, please contact at: https://voixtek.com/support. Please use the email provided on our website and a representative will respond within 24 hours.