TERMS AND CONDITIONS

Terms and Conditions Agreement between User and Vanguard Piano Service, LLC

Welcome to https://www.vanguardpianoservice.com/. The https://www.vanguardpianoservice.com/ website (the "Site") is comprised of various web pages operated by Vanguard Piano Service LLC ("Vanguard Piano Service"). https://www.vanguardpianoservice.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.vanguardpianoservice.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

#ShowMePianoProject Scholarship Terms and Conditions

Vanguard Piano Service offers piano services for a fee. https://www.vanguardpianoservice.com/ShowMePianoProject is a not a sweepstakes/contest Site. Vanguard Piano Service is offering a scholarship program which awards one pianist a cash scholarship of $600 to use towards furthering their musical advancement however they see fit. One scholarship recipient is selected each quarter for submissions prepared and received during the indicated three month period. The recipient of each quarterly scholarship will receive a $600 one-time cash scholarship the month following the quarter they were selected for. A recipient can submit for and potentially earn the scholarship in later quarters. Participation is open to pianists of all ages and ability levels. The project must be performed on an acoustic or digital piano without other supporting sounds or features (ex. no digital effects or accompanists). Acoustic pianos are preferred, but digital pianos or electric pianos are allowed. The participant must perform in front of an audience in a public performance (ex. venue, park, school, or church). The participant must follow the submission guidelines. Participant must complete the submission questionnaire and upload a video or link to a video of their live performance. Scholarship earners must sign a video release to Vanguard Piano Service. Minor children must have a consenting parent or guardian consent to the project and sign off on the submission and any other required documentation. All participants must be enrolled in a piano program or in lessons with a piano teacher. No purchase is necessary to earn the scholarship. Scholarship recipients are chosen based on criteria that is subject to change at the discretion of Vanguard Piano Service which currently includes the answers provided on the project submission questionnaire. However, scholarship recipients will never be chosen based on age, skill level, or any protected class such as gender, ethnicity, sexual orientation/identity, religious affiliation, disability, or military status. We reserves the right to end this scholarship program at anytime for any reason.

Electronic Communications

Visiting https://www.vanguardpianoservice.com/ or sending emails to Vanguard Piano Service constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Vanguard Piano Service collects personally identifiable information from children under the age of thirteen. Vanguard Piano Service collects this information for the following reason(s): We would only collect information about children under 13 if they are submitting an application for the #ShowMePianoProject Scholarship or any incidental browsing information from our website cookies. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use https://www.vanguardpianoservice.com/ only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

https://www.vanguardpianoservice.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Vanguard Piano Service and Vanguard Piano Service is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vanguard Piano Service is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vanguard Piano Service of the site or any association with its operators. Certain services made available via https://www.vanguardpianoservice.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.vanguardpianoservice.com/ domain, you hereby acknowledge and consent that Vanguard Piano Service may share such information and data with any third party with whom Vanguard Piano Service has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.vanguardpianoservice.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.vanguardpianoservice.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vanguard Piano Service that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vanguard Piano Service or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vanguard Piano Service content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vanguard Piano Service and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vanguard Piano Service or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Vanguard Piano Service from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vanguard Piano Service Content accessed through https://www.vanguardpianoservice.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless Vanguard Piano Service, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vanguard Piano Service reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vanguard Piano Service in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Vanguard Piano Service agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VANGUARD PIANO SERVICE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. VANGUARD PIANO SERVICE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VANGUARD PIANO SERVICE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VANGUARD PIANO SERVICE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VANGUARD PIANO SERVICE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Vanguard Piano Service reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vanguard Piano Service as a result of this agreement or use of the Site. Vanguard Piano Service's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vanguard Piano Service's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vanguard Piano Service with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vanguard Piano Service with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vanguard Piano Service with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms Vanguard Piano Service reserves the right, in its sole discretion, to change the Terms under which https://www.vanguardpianoservice.com/ is offered. The most current version of the Terms will supersede all previous versions. Vanguard Piano Service encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Vanguard Piano Service welcomes your questions or comments regarding the Terms:

Vanguard Piano Service LLC

4630 S SAINT PETERS PKWY SAINT CHARLES, Missouri 63304

Email Address: office@vanguardpianoservice.com

Telephone number: 6368661013

Effective as of October 16, 2024