Terms & Conditions

terms and conditions

Agreement between
User and musicaltheatercodex.com

Welcome to musicaltheatercodex.com. The musicaltheatercodex.com website (the “Site”) is comprised of various web pages operated by The Musical Theater Codex, LLC (“Musical Theater Codex”). musicaltheatercodex.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of musicaltheatercodex.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

musicaltheatercodex.com is an E-Commerce Site.

The Musical Theater Codex website provides courses, books, a
podcast, and other resources to help performing artists, parents of BFA
students, and performing arts educators to crack the code of musical theater
success.

Privacy

Your use of musicaltheatercodex.com is subject to Musical Theater Codex’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting musicaltheatercodex.com or sending emails to
Musical Theater Codex 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 Musical
Theater Codex is not responsible for third party access to your account that
results from theft or misappropriation of your account. Musical Theater Codex
and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Musical Theater Codex 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 musicaltheatercodex.com only with permission
of a parent or guardian.

Cancellation/Refund Policy

Thank you for shopping with Musical Theater Codex. If you are not entirely satisfied with your purchase, we’re
here to help. Please read this policy carefully. This is the Refund Policy of Musical Theater
Codex (operator of the https://musicaltheatercodex.com).

Digital Products

Unless otherwise stated below or on a specific products sales page, we issue
refunds when you request them via email (to anita@musicaltheatercodex.com): for digital courses within 7 days of purchase if less than 15% of the course
has been completed/viewed. and for online events and workshops through the day of the event going live We recommend contacting us for assistance if you experience any issues
receiving or downloading our products.

Contact Us

If you have any questions about our Refunds Policy, please contact us:

By email: anita@musicaltheatercodex.com

Links to Third Party Sites/Third Party Services

musicaltheatercodex.com may contain links to other websites
(“Linked Sites”). The Linked Sites are not under the control of
Musical Theater Codex and Musical Theater Codex 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. Musical Theater
Codex is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Musical Theater Codex of the site or
any association with its operators. Certain services made available via musicaltheatercodex.com
are delivered by third party sites and organizations. By using any product,
service or functionality originating from the musicaltheatercodex.com domain,
you hereby acknowledge and consent that Musical Theater Codex may share such
information and data with any third party with whom Musical Theater Codex has a
contractual relationship to provide the requested product, service or
functionality on behalf of musicaltheatercodex.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 musicaltheatercodex.com strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to
Musical Theater Codex 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 Musical Theater Codex 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. Musical
Theater Codex 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
Musical Theater Codex 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 Musical Theater
Codex 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. Musical Theater Codex has no obligation to monitor the
Communication Services. However, Musical Theater Codex reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion. Musical Theater Codex reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever. Musical Theater Codex 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 Musical
Theater Codex’s sole discretion. Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. Musical Theater Codex does not control or endorse the content,
messages or information found in any Communication Service and, therefore,
Musical Theater Codex 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 Musical Theater
Codex spokespersons, and their views do not necessarily reflect those of
Musical Theater Codex. 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 musicaltheatercodex.com or Posted on Any Musical Theater Codex Web Page

Musical Theater Codex does not claim ownership of the
materials you provide to musicaltheatercodex.com (including feedback and
suggestions) or post, upload, input or submit to any Musical Theater Codex Site
or our associated services (collectively “Submissions”). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting Musical Theater Codex, 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. Musical Theater Codex is under no obligation to
post or use any Submission you may provide and may remove any Submission at any
time in Musical Theater Codex’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.

Third Party Accounts

You will be able to connect your Musical Theater Codex
account to third party accounts. By connecting your Musical Theater Codex
account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do
not want information about you to be shared in this manner, do not use this
feature.

International Users

The Service is controlled, operated and administered by
Musical Theater Codex 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 Musical Theater Codex
Content accessed through musicaltheatercodex.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 Musical
Theater Codex, 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. Musical Theater
Codex 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 Musical Theater Codex 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 Musical
Theater Codex 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. MUSICAL
THEATER CODEX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME. MUSICAL THEATER CODEX 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. MUSICAL THEATER CODEX 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 MUSICAL THEATER CODEX 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 MUSICAL THEATER CODEX 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

Musical Theater Codex 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
Florida and you hereby consent to the exclusive jurisdiction and venue of courts
in Florida 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 Musical Theater Codex as a result of
this agreement or use of the Site. Musical Theater Codex’s performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Musical Theater Codex’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 Musical
Theater Codex 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 Musical Theater Codex
with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Musical Theater Codex 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

Musical Theater Codex reserves the right, in its sole
discretion, to change the Terms under which musicaltheatercodex.com is offered.
The most current version of the Terms will supersede all previous versions.
Musical Theater Codex encourages you to periodically review the Terms to stay
informed of our updates.

Contact Us

Musical Theater Codex welcomes your questions or comments
regarding the Terms:

Musical Theater Codex

13750 W. Colonial Suite 350 Studio #359

Winter Garden, Florida 34787-4204

Email Address:

anita@musicaltheatercodex.com

Telephone number:

(646) 535-4129

Effective as of June 01, 2019