Agreement between user and www.realguitarsuccess.com
Welcome to www.realguitarsuccess.com. The www.realguitarsuccess.com website (the “Site”) is comprised of various web pages operated by Tomas Michaud (yeah… that’s me). www.realguitarsuccess.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.realguitarsuccess.com is an educational subscription E-commerce Site
Our purpose is to help people to experience the joys of playing music through our free and paid music lessons.
Privacy
Your use of www.realguitarsuccess.com is subject to Tomas Michaud’s/Real Guitar Success’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.realguitarsuccess.com or sending emails to Tomas Michaud 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.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tomas Michaud is not responsible for third party access to your account that results from theft or misappropriation of your account. Real Guitar Success and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Tomas Michaud does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.realguitarsuccess.com only with the permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund. Please contact us at tomas@realguitarsuccess.com with any questions.
Links to third party sites/Third party services
www.realguitarsuccess.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Real Guitar Success and Tomas Michaud 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. Tomas Michaud is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tomas Michaud of the site or any association with its operators.
Certain services made available via www.realguitarsuccess.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.realguitarsuccess.com domain, you hereby acknowledge and consent that Tomas Michaud may share such information and data with any third party with whom Tomas Michaud has a contractual relationship to provide the requested product, service or functionality on behalf of www.realguitarsuccess.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 www.realguitarsuccess.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Starland Music 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 Tomas Michaud 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. Tomas Michaud’s 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 Tomas Michaud 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 Tomas Michaud or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Tomas Michaud has no obligation to monitor the Communication Services. However, Tomas Michaud reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tomas Michaud reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Tomas Michaud reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tomas Michaud’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Real Guitar Success does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tomas Michaud specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Real Guitar Success spokespersons, and their views do not necessarily reflect those of Tomas Michaud.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to www.realguitarsuccess.com or posted on any Tomas Michaud web page
Tomas Michaud does not claim ownership of the materials you provide to www.realguitarsuccess.com (including feedback and suggestions) or post, upload, input or submit to any Tomas Michaud Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tomas Michaud, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Tomas Michaud is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tomas Michaud’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Starland Music 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 Tomas Michaud Content accessed through https://realguitarsuccess.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 Tomas Michaud, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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. Starland Music 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 Tomas Michaud in asserting any available defenses.
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. STARLAND MUSIC CENTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TOMAS MICHAUD 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. TOMAS MICHAUD 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 NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOMAS MICHAUD 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 TOMAS MICHAUD 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
Tomas Michaud 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 California and you hereby consent to the exclusive jurisdiction and venue of courts in California 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 Tomas Michaud as a result of this agreement or use of the Site. Tomas Michaud’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tomas Michaud’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 Tomas Michaud 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 Tomas Michaud with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tomas Michaud 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
Tomas Michaud reserves the right, in its sole discretion, to change the Terms under which www.realguitarsuccess.com is offered. The most current version of the Terms will supersede all previous versions. Tomas Michaud encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Tomas Michaud welcomes your questions or comments regarding the Terms:
Tomas Michaud
Starland Music
1631 PARK ST
ALAMEDA, CA 94501
Email Address: tomas@realguitarsuccess.com
Telephone number: 5105234797
Effective as of July 01, 2019
Effective Date: 7/24/2019
On this page, you’ll find all the information about what data we collect about our visitors and customers and how that data is used. We’ve described everything as clearly and concisely as possible and avoid legalese as much as possible, so that you can make sense of all this without needing a law degree.
We regularly review and, where necessary, update our privacy information. If we plan to use personal data for a new purpose, we update our privacy information and communicate the changes to individuals before starting any new processing.
At offer guitar lessons so that individuals enjoy a life of making music on the guitar and sharing it with others.
Owner: Tomas MichaudCompany Name: Real Guitar SuccessCompany Address:1631 Park StreetAlameda, CA 94501USA
Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, pages viewed, time spent at our Website, and the Web sites visited just before and just after our Website, your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
We may use Google Analytics as well as other advertising networks to display ads across the Internet, based on your visit to our website.
Third-party vendors, including Google, may show our ads on sites across the Internet. Our site and third-party vendors, use first-party cookies and third-party cookies together to inform, optimize and serve ads based on past visits and pages visited on this website.
Our site as well as third-party vendors may use third-party audience data to further optimize advertisements displayed.
You can opt-out of this kind of advertising anytime, here and here.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
You’re a “visitor” if you browse the www.realguitarsuccess.com website but don’t submit any personal information about yourself.
For example, if you visit this website and take a look through our sales pages without signing up for anything, then you’re a visitor.
As a visitor, the website uses several third party services that act in order to provide you with a better experience and allow us to optimize our content.
The following third parties have limited access to some of your data:-
We use Google analytics to gain an overview of how our site is being used, how to improve user experience, what content to create and similar decisions all focused on improving the experience for our visitors.
We also integrate Google Analytics with Google Adwords so that we can measure the performance of our paid advertisements.
We use Facebook conversion tracking to understand how our Facebook ads are performing.
We send anonymous data to Mouseflow, a website analytics tool that provides session replay and heatmaps, to understand how our visitors interact with certain pages on our site so that we can improve them.
For more information, see Mouseflow Privacy Policy at http://mouseflow.com/privacy
For more information on Mouseflow and GDPR, visit https://mouseflow.com/gdpr
If you’d like to opt-out, you can do so at https://mouseflow.com/opt-out.
If you want to contact us, you can use our contact form here.
When you submit a message to us, we keep the following data:-
Email addressFirst nameLast nameContent of any messages that you send to us
This allows our team to reply to the message that you sent us through our support system.
You will never received marketing related messages by contacting us through our contact form unless it specifically relates to the message that you sent us.
Please note that the message you send is private and only available to team members at Thrive Themes.
When you sign up for a Real Guitar Success account we keep a record of the following data:-
NameEmail addressThe ID of the content that you signed up through (there are multiple entry points to Real Guitar)Active Campaign TagThe name and email address are necessary to create the account through which the courses are delivered to you.
When you sign up to Real Guitar Success we will send your name, email address and Active Campaign tag data to a third party service called Active Campaign. Active Campaign is a tool that many businesses use to send emails to customers and allows us to send you product or service announcements, further training resources and links to our blog content.
These emails are designed to enhance your experience with us, but you can opt out at any time by clicking the “Unsubscribe” link at the bottom of any email. This will remove you from our list so that you don’t receive any further emails from us.
We have automated processes in place that are designed to improve the relevancy of the communication we send to you and the content on our site.
For example:-
When you sign up for Real Guitar Success, we will send you information to help you get up and running.
If you are an annual member we will send you a notification that you’re membership is due to expire 10 days before your renewal date.
We will send you other information to support the course that you’re taking.
These rules are designed to enhance the experience and interactions that you have with Real Guitar Success.
You have the right to modify personal data that we hold about you. You can modify your data by logging into the www.realguitarsuccess.com site and navigating to the “My Account” page.
To change your email address that we send emails to, click on the “update details” link at the bottom of any email you receive from us.
If you’re having difficulties updating your data, let our support team know and we’ll make the change for you.
You have the right to see the data that we store about you. To request a file containing all your data, let our support team know.
We will reply to your request within 24 hours and will provide you with a file to your email address as soon as we’ve gathered the data.
The data will be provided to you in a structured, commonly used and machine readable format for portability.
You have the right to request that we delete data that we store about you.
If you would like to stop receiving our email newsletter then you can click the “unsubscribe” link at the bottom of any of our emails. This will unsubscribe you from any future communications. If, for some reason, this doesn’t work then let us know and we’ll remove you manually.
If you would like to have your support forum posts deleted, you can log into your account and delete those manually by clicking on the “Edit” button underneath each thread. Alternatively, let us know and we’ll handle that for you.
We can also delete all of your data from all the systems that we own and operate. This includes all of the above.
Please note that If you’ve purchased a membership from us we are obliged to keep a record of the purchase in our billing system. This will mean keeping a record of your billing address, contact details and purchase details. We do this to fulfill our obligations to the tax authorities and remain compliant.
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
We don’t sell your data to any company for further processing, marketing, profiling or any other reason
We integrate with certain third party services for the purpose of improving the overall user experience and to optimize certain business processes.
Any data we hold about you, we do so for necessary and legitimate business reasons
You can request to view, modify and delete any data that we hold about you.
We reserve the right to amend this privacy policy at any time with or without notice. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
If you have any concerns or questions about anything in this policy, then let us know and we’ll get back to you shortly.
By email: tomas@realguitarsuccess.com
By visiting this page on our website: https://realguitarsuccess.com/support/