Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of MasterNotes, LLC (“MasterNotes” “we,” “us,” and “our”) Website. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
Our Website and Services are collectively referred to in this Terms of Use as our “Platform.”
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Notice. If you do not agree to be bound by these Terms of Use and our Privacy Notice, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS WEBSITE.
Binding Arbitration. These Terms of Use provide that all disputes between you and MasterNotes that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with MasterNotes.
1. Services.
MasterNotes provides independent music teachers (“Instructors”) with access to a private virtual classroom to teach music directly to students of any age (“Students”). Instructors are independent contractors of MasterNotes – not employees or agents of MasterNotes. MasterNotes has not performed background checks of any nature on Instructors. Users should perform any desired screenings or background checks of Instructors, coordinating directly with the Instructor.
2. Student’s Privacy.
MasterNotes does not knowingly collect Personal Data from children under the age of 18 with first obtaining the consent of the parent or legal guardian in accordance with applicable law, including the U.S. Children’s Online Privacy Protection Act and its rules (collectively, “COPPA”), the General Data Protection Regulation (“GDPR”), and the UK Data Protection Act of 2018 (“UK GDPR”). A parent or legal guardian can create a MasterNotes account on behalf of a dependent child and attest that they have legal authority to do so. We require that all child accounts be created by a parent or legal guardian, in order to ensure that we can comply with our notice and consent obligations under applicable law. If you are under the age of 18, you must get permission from your parents or legal guardian before using our Platform. If we learn we have collected or received Personal Data from a child under the age of 18 without verification of parental consent, we will delete it. If you are the parent or guardian of a child under 18 years of age whom you believe might have provided use with their Personal Data, please Contact Us.
3. Ownership of the Platform.
The Platform is the property of MasterNotes, or its licensors or suppliers, as applicable, and is protected by United States and international copyright and trademark laws. The Platform may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by MasterNotes. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, or other proprietary information (including images, text, page layout, or form) of MasterNotes without our express written consent. Content, information, consents, notices, advice, recommendations, comments, files, videos, images, or other materials created and submitted to us or posted on our Platform by Instructors (“Instructor Content”) is the property of the Instructor. MasterNotes does not have ownership rights over, or responsibility or liability for, Instructor Content.
4. Access to the Platform, Security and Restrictions; Passwords.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform (collectively “Automated Action”). The Platform has several accessibility options to enable use of our Platform for everyone regardless of their circumstances. In the event our ADA accessibility options are not sufficient and your particular circumstances require using Automated Action on the Platform, please contact us through email at customersupport@masternotes.com for an accommodation.
Violations of system or network security may result in civil or criminal liability. MasterNotes will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by MasterNotes. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by MasterNotes at any time with or without cause. You agree to defend, indemnify and hold MasterNotes harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by MasterNotes arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
5. Account Set-Up and User Information.
To set up an account you must be at least 18 years of age. You agree to: (a) provide true, accurate, current, and complete information when registering to use the Website and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or MasterNotes has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MasterNotes may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
6. Online Services Associated with the Website.
The Website may be used to access certain online Services. In some cases, you will not receive a separate notice when the Website connects to those Services. Using the Website constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those Services. Your use of those Services may be governed by additional terms and conditions. Using the online Services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online Services in any way that could harm those Services, disrupt their operation, or impair any other user’s use of those Services or the wireless network through which they are accessed. You may not use the online Services to gain unauthorized access to or use of any Service, data, account, or network by any means.
7. Support for Website and Platform; Functionality.
All questions and requests relating to support of the Platform must be directed to MasterNotes. The Third Parties, as defined below, are not responsible for providing support for the Platform and may not be contacted for support. We may change or remove functionality and other features of the Platform at any time, without notice.
8. Modified Devices and Operating Systems.
MasterNotes will have no liability for errors, unreliable operation, or other issues resulting from use of our Website on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of our Website on Modified Devices will be at your sole and exclusive risk and liability.
9. Accuracy and Integrity of Information.
Although MasterNotes attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform MasterNotes so that it can be corrected. MasterNotes reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, MasterNotes will have no responsibility or liability for information or Content posted to the Platform from any non-MasterNotes affiliated third party.
10. Typographical Errors and Incorrect Pricing.
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from our Instructors or suppliers, we have the right to refuse or cancel any orders placed for any Service listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your payment card account in the amount of the incorrect price.
11. Order Acceptance.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include inaccuracies or errors in listed Services or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment card (or other payment account) has been charged, we will issue a credit to your payment card (or other applicable payment account) in the amount of the charge.
12. Online Payments.
You can purchase Services on the Platform. We accept payment by VISA, Mastercard, and PayPal. If a payment card account is being used for a transaction, MasterNotes may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the payment card you designate during the setup process. If you want to designate a different payment card or if there is a change in your payment card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. Each month the payment method on the account will be charged, with the first charge occurring the month after opening of the account and each month thereafter (e.g., if an account is opened in October, the account will be charged in November and each month thereafter until service is canceled).
You represent and warrant that if you are making online payments that (i) any payment card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your payment card or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant payment card and payment card information.
13. Automatic Renewal Subscription Terms.
We charge a subscription fee for some Services on our Platform. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by MasterNotes. If you cancel your subscription, your account’s access to our Services will automatically end at the end of your current billing period. No refunds will be given. MasterNotes may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right cancel your subscription without notice. In the event that your subscription is cancelled for any reason, you will need to resubscribe in order to access our Services.
14. Links to Other Sites.
MasterNotes makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-MasterNotes website, please understand that it is independent from MasterNotes, and that MasterNotes has no control over the content on that website. In addition, a link to a non-MasterNotes website does not mean that MasterNotes endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.
15. User Generated Content, Reviews, Feedback and other Postings to the Platform.
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Platform (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant that you have the legal right and authorization to provide all User Generated Content to the Platform. MasterNotes has a royalty free, irrevocable, transferable right and license to use the User Generated Content only as necessary and appropriate to provide the Platform; we will not use the User Generated Content for other purposes. MasterNotes is and shall be under no obligation (1) to pay to you any compensation for any User Generated Content; or (2) to respond to any User Generated Content.
MasterNotes does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Platform. You grant MasterNotes the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. MasterNotes and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold MasterNotes harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by MasterNotes arising out of any User Generated Content you post or allow to be posted to the Platform.
12. Electronic Communications.
When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. MasterNotes and Instructors may contact you by telephone, mail, or e-mail to verify your information. MasterNotes and Instructors may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
17. Supplemental Terms Applicable to Instructors.
These supplemental terms apply to Instructors in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be an Instructor using the Platform (for purposes of this Section, “Instructor” or “you”), you must be 18 years of age and be qualified to teach musical instruments of various kinds and any other music topic you offer to students and must agree to comply with all laws and other rules and regulations applicable to you as an Instructor or otherwise. Instructor understands and acknowledges that Instructor is an independent contractor and not an employee or agent of MasterNotes. You represent and warrant that you do not have a criminal record or other infractions that would preclude you from working with Students or cause a Student’s parent or legal guardian to be concerned about you working with the Student. You agree to notify MasterNotes immediately, within 24 hours, of any allegations of misconduct from a Student, Student’s parent or guardian, or third party pertaining to you or another Instructor.
Without limiting the generality of the foregoing, Instructor and MasterNotes are each responsible for all billings and collections from users, and MasterNotes shall have no liability whatsoever to Instructor with respect to any amounts owed by any Student or other user to Instructor.
Instructor agrees that Instructor shall not collect any information from Students except for the minimum necessary information needed to provide the Services and shall only use the information collected to provide such Services. Any other use is strictly prohibited.
MasterNotes does not provide legal or compliance advice to Instructors. Instructor should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Instructor’s compliance obligations under the law. Instructor shall be solely responsible for its use of the Platform and the provision of services to Instructor’s Students. In this regard, Instructor releases MasterNotes and waives any and all potential claims against MasterNotes as a result of Instructor’s use of the Platform and the provision of Services to Instructor’s Students.
Instructor agrees to defend, indemnify, and hold MasterNotes harmless from any claim by or on behalf of any Student of Instructor, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a Student, which is brought against MasterNotes, regardless of the cause if such claim arises for any reason whatsoever, out of Instructor’s use or operation of the Platform. To the extent applicable, Instructor will obtain MasterNotes’ prior written consent to any settlement or judgment in which Instructor agrees to any finding of fault of MasterNotes or defect in the Platform. MasterNotes will promptly notify Instructor in writing of any claim subject to this indemnification, promptly provide Instructor with the information reasonably required for the defense of the same, and grant to Instructor exclusive control over its defense and settlement.
Any Instructor Content that you submit, upload, or post on the Platform or provide to Students or other users is owned by you as the Instructor and you are fully responsible for it. You agree not to provide any Instructor Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Instructor is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, Students and other consumers. You agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. You represent and warrant to MasterNotes that you have the legal right and authorization to upload all Instructor Content to the Platform. You represent and warrant that you will obtain consent, in accordance with all applicable law, from Students and their parent or legal guardian before recording Students or posting any such recordings on the Platform. MasterNotes shall have a royalty-free, irrevocable, transferable right, and license to use the Instructor Content as necessary and appropriate to provide the Platform. MasterNotes is and shall be under no obligation: (i) to pay to you any compensation for any Instructor Content; or (ii) to respond to any Instructor Content.
MasterNotes does not regularly review Instructor Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Instructor Content submitted to the Platform. You grant MasterNotes the right to use the name that you submit in connection with any Instructor Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Instructor Content. You are and shall remain solely responsible for the content of any Instructor Content you post to the Platform or provide to patients or other consumers. MasterNotes and its affiliates take no responsibility and assume no liability for any Instructor Content submitted by you or any third party.
18. Claims of Copyright Infringement.
We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
MasterNotes respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to MasterNotes’ Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Platform
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice (“Notice”) complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
David Loughran
DAVIDLOUGHRAN@QPIMAIL.COM
14900 Conference Center, Suite 200
Chantilly, VA 20151
19. Disclaimer of Warranties.
MASTERNOTES DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THESE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MASTERNOTES DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. MASTERNOTES DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD AND DISTRIBUTED BY MASTERNOTES ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.
20. Limitation of Liability Regarding Use of the Platform.
MASTERNOTES AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF MASTERNOTES TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).
21. External Services.
Our Website may enable access to MasterNotes’ and/or third-party services and websites, including social media sites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. MasterNotes is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by our Website or External Services is for general informational purposes only and is not guaranteed by MasterNotes or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Terms of Use or that infringes the intellectual property rights of MasterNotes or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that MasterNotes is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. MasterNotes reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
22. Dispute Resolution.
In the event of any dispute or claim relating to the Platform or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in and for Virginia, in accordance with Virginia law, without regarding for its conflicts of laws principles.
23. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with the Platform, including Services purchased through the Platform, if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and MasterNotes agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including Services purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MasterNotes are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and MasterNotes.
If you desire to assert a claim against MasterNotes, and you therefore elect to seek arbitration, you must first send to MasterNotes, by certified mail, a written notice of your claim (“Notice”). The Notice to MasterNotes should be addressed to: 14900 Conference Center, Suite 200, Chantilly, VA 20151 (“Notice Address”). If MasterNotes desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by MasterNotes, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MasterNotes and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MasterNotes may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by MasterNotes or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after MasterNotes receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee to the extent required by law or the AAA Rules. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless MasterNotes and you agree otherwise or it is otherwise prohibited by law or AAA Rules, any arbitration hearings will take place by video conference, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MasterNotes’ last written settlement offer made before an arbitrator was selected (or if MasterNotes did not make a settlement offer before an arbitrator was selected), then MasterNotes will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND MASTERNOTES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MasterNotes agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this arbitration provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Virginia.
24. Revisions; General.
MasterNotes reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between MasterNotes and you pertaining to the subject matter hereof. In its sole discretion, MasterNotes may from time-to-time revise these Terms of Use. If we make material revisions, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website’s home page. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
25. Contact Us.
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below.
To Contact MasterNotes (Controller)
MasterNotes, LLC
14900 Conference Center, Suite 200
Chantilly, VA 20151
United States
DavidLoughran@qpimail.com
To Contact Our Representative in the EU
Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Company’s Name
has appointed European Data Protection Office (EDPO) as its GDPR Representative
in the EU. You can contact EDPO regarding matters pertaining to the GDPR:
-by using EDPO’s online request form: https://edpo.com/gdpr-data-request/
-by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium
To Contact Our Representative in the UK
UK General Data Protection Regulation (GDPR) – UK Representative
Pursuant to Article 27 of the UK GDPR, Company’s Name has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR:- by using EDPO’s online request form: https://edpo.com/uk-gdpr-data-request/
– by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom
To Contact Our Representative in Switzerland
FADP Article 14 Representative
Pursuant to Article 14 of the FADP, Company’s Name has appointed EDPO Switzerland as its Representative in Switzerland. You can contact EDPO Switzerland regarding matters pertaining to the FADP:-by using EDPO Switzerland’s online request form: https://edpo.com/swiss-data-request/-by writing to EDPO Switzerland at Rue de Lausanne 37, 1201 Geneva, Switzerland
To Contact Our Data Protection Officer
MasterNotes, LLC
14900 Conference Center, Suite 200
Chantilly, VA 20151
United States
DavidLoughran@qpimail.com
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