This form is temporarily not functioning properly due to the changeover to a new web server. It should be working again soon but until it is, we are not able to accept new applications from those who wish to subscribe to the StartUp service.

Revised: December 08, 2006

Copyright © 2002-2006 - RCoff - Suzuki Music Academy
All rights reserved.

By and through your registration in the Suzuki Music Academy's StartUp Program ("StartUp"), you warrant that you are over 21 years old and are otherwise legally competent to enter into this agreement, and you agree to be and are hereby bound by the terms of this License Agreement ("Agreement").

I. TUITION

A. Your payment ("tuition") of $29.95, in U.S. funds, is a non-refundable fee.

B. Your payment only entitles you to receive teacher contact information, via database, email, and/or mail posted to you at the mailing address you submit with the StartUp registration form and entitles you to access Suzuki Music Academy's StartUp Program's online sites, in accordance with the non-exclusive license defined herein and for a period of ninety consecutive days, except if you are terminated from the StartUp Program before the end of the ninety-day period. The said ninety-day period shall begin on the date that the StartUp Division of Suzuki Music Academy receives your tuition payment and the completed registration form.

II.  GRANT OF LICENSE:

When you enroll in the Suzuki Music Academy's StartUp Program, you do so with the understanding that all StartUp script and non-script content ("Materials") received via online and by any other means, are leased only and remain the property of the Suzuki Music Academy. The agreement with the Suzuki Music Academy is that you shall not sell, lend, share, or give away any StartUp Materials, since the right to use these is not transferable. Accordingly, Suzuki Music Academy hereby grants you a non-exclusive license, for the ninety-day period defined herein, to access the Materials posted online at the StartUp web page contained on a Suzuki Music Academy site. For purposes of this agreement, any information in any format furnished to you by the Suzuki Music Academy or its agents shall be considered protected Materials and you agree that you are subject to the following terms:

A. USE OF MATERIALS

1. You may:

a. only use the Materials to aid you in starting Suzuki method music instruction for your biological child(ren) or for the child(ren) to which you are legal guardian and whose name(s) appear on your registration form sent with your payment;

b. download or copy the Materials for personal use only, provided that you  maintain all copyright and other notices contained in such Material and you may store Materials only if it is used for personal, noncommercial use.

2. You may not:

a. permit other individuals to access the StartUp site or to access Materials except under the terms stated herein;

b. disseminate or create derivative works based upon the Materials;

c. resell, rent, lease, or otherwise transfer Materials or the rights to use Materials;

d. remove any proprietary notices or labels on Materials.

B. TITLE:

You hereby acknowledge the following:

1. Title, ownership rights, and intellectual property rights in and to the Materials shall remain in Suzuki Music Academy and its agents or suppliers

2. The Materials are copyrighted as a collective work under the U.S. copyright laws, and Suzuki Music Academy owns a copyright in the selection, coordination, arrangement, and enhancement of the content of said Material and protected by the copyright laws of the United States and international copyright treaties.

3. The Materials contain trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

4. Title, ownership rights and intellectual property rights in and to the content of the third-party content is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to said third-party content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through StartUp.

III. GOODWILL CLAUSE

A. You acknowledge that the Suzuki Music Academy has gone to expense and effort to establish goodwill and to solicit and gain clients, and that the Suzuki Music Academy has just cause to consider its relationship with its clients to have great value, and that the Suzuki Music Academy has a proprietary interest in those relationships.

B. You will do nothing to interfere with relationships, referenced in the above sub-paragraph (III - A), nor will you engage in any conduct which will diminish goodwill generated by the Suzuki Music Academy.

IV. DISCLAIMER OF WARRANTY:

MATERIALS ARE PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUZUKI MUSIC ACADEMY FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK ARISING OUT OF THE USE MATERIALS REMAINS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUZUKI MUSIC ACADEMY OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR USE OF MATERIALS, OR PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE MATERIAL, EVEN IF SUZUKI MUSIC ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

V. TERMINATION:

This license shall terminate automatically if you fail to comply with the limitations described in this Agreement.  No notice shall be required from Suzuki Music Academy to effectuate such termination. On termination you must destroy all copies of the Materials. Furthermore, Suzuki Music Academy may, in its sole discretion, terminate or suspend your access to all or part of the StartUp online content for any reason, including, without limitation, breach of this Agreement.

VI. GOVERNING LAW:

This License Agreement shall be governed by the laws of the State of Florida, without regard to conflicts of law provisions, and you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Florida. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in Broward County in the State of Florida. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

VII. ENFORCEABILITY OF TERMS:

A. If for any reason, any provision or portion of any provision contained herein is held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision or portion of any provision of this Agreement, but this Agreement shall be construed as if such invalid or unenforceable provision or portion of any provision had never been contained herein.

B. The failure of the Suzuki Music Academy, or its agents, to insist upon strict performance of any of the provisions herein shall not be construed as a waiver of any subsequent default of the same or similar nature.

VIII. ENTIRE AGREEMENT:

This Agreement constitutes the complete and exclusive agreement between you and the Suzuki Music Academy with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.  This Agreement may not be modified except in writing, duly signed by you and an authorized representative of Suzuki Music Academy.

BY AND THROUGH THE SUBMITTED APPLICATION THROUGH  THE "STARTUP" REGISTRATION FORM, YOU WILL INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
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