ELIGIBILITY

Prior to participating in any coaching, classes or other services made available by My College Audition, LLC, you, and if you are under the age of 18 your parent or other legal guardian, must read and understand these Terms of Use in their entirety and indicate your acknowledgment and agreement to the same by your signature or other method (electronic or otherwise). Notwithstanding the foregoing, your participation in any coaching, classes or other services made available by My College Audition shall be deemed to be an acknowledgment and agreement to our policies and these Terms of Use in their entirety by you and, if you are under the age of 18, your parent or other legal guardian.

Our Services, which includes access to our Website, is not intended for children under 13 years of age. No one under age 13 may submit any information to us via or on the Website or through any other means. We do not knowingly collect personal information from children under 13. If you are under 13, do not register on the Website, do not register for your use our Services, do not attend our courses, make any purchases through the Website, use any of the interactive or public comment features of our Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: hello@mycollegeaudition.com.

YOUR ONLINE ACCOUNT

When you use, register, or otherwise access our Services via our Website or our third party service providers, you may create an account and choose your own password and username (“Account”) and register that account with information about yourself, including your name, email address, and physical address. For more information about how we collect, store, use, and share your personal information, please review our Privacy Policy. 

In providing us information about yourself, in registering an Account with us, submitting information about yourself in any way, or otherwise uploading information to the Website or via the Services (“User Information”), you agree and certify that all the information you provide to us will be true, not that of anyone else, accurate, current and complete  and failure to do so will be considered a breach of these Terms of Use. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You agree that any information that you provide to the Website or Services, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create an Account with the Website or Service, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or Services using your name, username or password in whole or in part.

Each user name permits one person to access the password-protected portion of the Website or Services, and you shall not share the username and password with any third party. You shall be solely responsible for any and all use of the Website or Services, including without limitation, any and all charges incurred by a third party, under or using your username and password. If at any time you should learn or suspect that your password has been compromised, you shall promptly notify us at hello@mycollegeaudition.com and confirm such notice in writing. Upon receiving such telephonic and written notice, we will assign a new password to you without charge.

You are responsible for maintaining the confidentiality of the username and password that you designate when registering your Account process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

You represent and warrant that the information provided during the registration process is true and accurate and agree to update the information thereafter in the event of any changes.

TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Website and/or any of our Services.

You agree that any unauthorized use of the Website or Services (or any content derived therefrom) by you or by anyone using your username or password may result in immediate suspension or termination of your user Account by us, in our sole and absolute discretion, without refund of any pre-paid fees. 

We may terminate or suspend this Agreement and your ability to participate in any of our Services at any time without notice if we believe that you have breached this Agreement, violated any of our policies or for any other reasons at our discretion. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your use of the Services.

After your use of the Services have been terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

NON-COMMERCIAL USE OF THE WEBSITE

The Website or any portion of the Services should not be reproduced, copied, sold, resold, or exploited for any commercial purposes. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of us, which may be revoked at any time, for any reason, in our sole discretion.

Your Interactions with Other Website or Services Users

1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OR CONTENT THAT IS PROVIDED BY OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS, WHICH COULD INCLUDE A SEARCH ABOUT YOU.

2. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEFAMATION, COPYRIGHT INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE, INSTITUTIONS, OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE AND/OR INSTITUTIONS, PARTICULARLY IF YOU ARE IN PERSON. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE SUCCESS. YOU SHOULD NOT PROVIDE YOUR PERSONAL INFORMATION (FOR EXAMPLE, YOUR ADDRESS OR CONTACT INFORMATION) OR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

CONTENT ON THE WEBSITE

We own and retain all proprietary rights in the Website and the Services. The Website contains the copyrighted material, trademarks, and other proprietary information for us and our licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Opinions, advice, statements, offers, or other information or content made available through the Website and/or Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or Services. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website, Services or transmitted to or by any Website user or Services users.

LESSONS (INCLUDING PROFESSIONAL COACHING AND ANY INTENSIVES)

We look forward to helping you prepare for your audition. With respect to in-person lessons, including professional coaching, the following apply:

• We have a 24 Hour Reschedule Policy. If you need to reschedule a lesson, you must do so at least 24 hours before your scheduled lesson directly from your confirmation email sent to you when the lesson was booked or through your personal account on our scheduling app, Acuity. We understand things come up, but please do your best to reschedule as little as possible – during the busy season it is difficult to accommodate multiple schedule changes and you may not be able to get the time you desire. 

• Lessons are non-refundable and cannot be cancelled once scheduled (only rescheduled).

• On the rare occasion, a coach may need to reschedule due to extenuating circumstances (illness, acting gig, etc.). They will contact you directly to reschedule if that occurs.

• Lessons are 55 Minutes and/or 25 Minutes. Please note we book lessons back to back and cannot add more time on to a lesson if you are running late. The 5 minutes in between each lesson give each coach a chance to refuel and prepare for their next lesson. 

• If you are running late to your lesson, please email or text your coach and let them know. If you are more than 15 minutes late to a 55 min lesson or 10 minutes late to a 25 min lesson, we reserve the right to cancel your session without refund. 

• Please book lessons with your assigned coaches only. 

With respect to lessons via online video conferencing tools, the following apply:

• These lessons work best when you are situated as close to your router as possible or using a hard-wired ethernet connection. To ensure you are connected and have the proper WiFi capabilities, please sign on 5-10 minutes before your lesson to check. 

• If there is a problem with video conferencing software (eg. Zoom), a problem connecting, etc. – please contact your Coach as soon as possible (email or text) to utilize a different service such as FaceTime. 

• If there are serious interruptions during your session and your lesson was severely affected, please reach out to hello@mycollegeaudition.com to discuss possible troubleshooting and  rescheduling options. 

REFUNDS

Refunds Generally

There are no refunds available for any lesson, service, master class, or purchase from My College Audition. There are no refunds available for drop-in classes. You can, however, reschedule to another available drop-in class. If we need to reschedule a class due to staff illness, low registration, etc. you will be credited the amount to be applied to another drop-in dance class of your choosing.

CREDIT EXPIRATION AND REFUNDS:

All unused prepaid credits expire 12 months from the date of purchase. There are no refunds available for any lesson, service, master class, or purchase from My College Audition.

GUARANTEES

There are no guarantees. Our program is designed and our coaches are committed to make you as prepared as possible so that you can head into your college auditions with full confidence – however, the college audition process is extremely competitive and we cannot guarantee acceptances to any school.

PRIVACY/CONFIDENTIALITY

We respect your privacy and for more information about what information we collect about you and what we do with it, including how we share with it, please review our Privacy Policy.

With respect to our privacy, during your time with My College Audition, you will be provided access to documents, videos, systems, strategies, pricing, offerings, websites, databases and other information to assist in and enhance the services provided to you by My College Audition. These materials and information are confidential and proprietary to My College Audition and may not be shared outside of My College Audition or utilized for any purpose other than in connection with the services rendered to you by My College Audition without our written consent. My College Audition and its coaches work extremely hard to provide our students with the best possible experience. Please do not share any of our private documents with anyone outside of MCA. 

PROHIBITED ACTIVITIES

We reserve the right to investigate and terminate your use of the Website and/or our Services if you have behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website or any of our Services:

• You will not impersonate any person or entity.

• You will not “stalk” or otherwise harass any person.

• You will not express or imply that any statements you make are endorsed by us without our specific prior written consent.

• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

• You will not remove any copyright, trademark or other proprietary rights notices contained on the Website or via the Services.

• You will not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.

• You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

• You will not “frame” or “mirror” any part of the Services or the Website, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Website or the Services or the site in order to direct any person to any other website for any purpose.

• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Services or cause others to do so.

PROPRIETARY RIGHTS

We own, operate, license, control, and provide access to the Website and Services. You acknowledge and agree that us and our licensors retain all right, title and interest in and to all past, present and future content, applications, software, content and materials provided on or through the Website or providing via your use of the Services (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Website via your use of the Services, the compilation of all content and materials on the Website or Services, and the business process, procedures, methods and techniques used in the Websites) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.

“My College Audition” and the My College Audition logos are the registered or common law or trademarks of My Collect Audition, LLC and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Websites are the property of My College Audition, LCC unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. Our intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages us. All rights are expressly reserved.

All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Website are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to us to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) in or to the Websites or their contents are granted to you.

MODIFICATIONS TO OUR WEBSITE AND SERVICES

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Website and/or any of our Services.

BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Website, We reserve the right at any time in its sole discretion to block users and/or Account holders from certain IP addresses from accessing the Website.

RELEASE OF CLAIMS

YOU, ON BEHALF OF YOURSELF AND YOUR REPRESENTATIVES, AGENTS AND ASSIGNS, HEREBY RELEASE AND HOLD HARMLESS MY COLLEGE AUDITION AND ITS EMPLOYEES, CONTRACTORS, MEMBERS, OFFICERS, AGENTS AND REPRESENTATIVES, AS WELL AS ANY INSTRUCTORS, COACHES OR TEACHERS, FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY INJURY OR OTHER DAMAGE THAT MAY RESULT TO YOU IN CONNECTION WITH THE SERVICES PROVIDED TO YOU BY MY COLLEGE AUDITION OR SUCH PERSONS OR DURING YOUR TIME AT MY COLLEGE AUDITION, INCLUDING AT MY COLLEGE AUDITION’S STUDIO OR OTHER LOCATION WHERE SERVICES ARE RENDERED, EXCEPT TO THE EXTENT ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MY COLLEGE AUDITION OR SUCH OTHER PERSON. 

You acknowledge that participation in certain classes and activities offered or made available by or at My College Audition, LLC including but not limited to dance classes, could involve the risk of possible personal injury or illness. Despite precautions, accidents, illness and/or injuries may occur. By signing a release, or by participating in classes, activities, or all other services, you assume all risks related to such activities and/or the use of any and all spaces provided or used by My College Audition, LLC in connection with such classes and activities, except to the extent set forth in the paragraph above. Furthermore, you give your permission to My College Audition, LLC and employees, contractors, officers, agents and representatives, as well as any instructors, coaches or teachers, to call a doctor or emergency medical service and for the doctor, hospital or medical service to provide emergency medical or surgical care for you should an emergency arise, and to take such other actions as they may consider appropriate in the circumstances. Without limitation of the foregoing, you will accept the expense of any medical or surgical treatment that may be required.

Certain Services and functions of the Website allow users to purchase and undertake transactions/purchases with outside services. We are not liable for any outside transaction or such communications in any manner. Your communications and transactions with any party other than us are solely between you and such a third party. 

USE OF NAME AND LIKENESS 

By contributing content to our Website or via the Services, including but not limited to headshots, photos, graphics and testimonials, you warrant that you are the owner of the property (or have the appropriate permissions from the owner) and you grant us the license to use, display and store the materials in any medium or form, including for advertising purposes. You hereby further give us permission to use any and all of your voice, image and likeness, with or without using your name, in connection with the products and/or Services we offer or otherwise provide, for the purposes of advertising and promoting such products and/or our Services, and/or for other purposes deemed appropriate by us in our reasonable discretion.

DISCLAIMERS

We are not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Services, whether caused by users of the Websites, Website users, by Account holders or by any of the equipment or programming associated with or utilized in the Website or Services. We are not responsible for the conduct, whether online or offline, of any user of the Website or user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Account holder communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Account holders or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet, Website, and/or in connection with the Services. Under no circumstances will we or any of our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Services, any content posted on the Website or transmitted to users, or any interactions between users of the website, whether online or offline. The Website is provided “AS-IS” and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Services.

In addition to the preceding paragraph and other provisions of these Terms of Use, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

THE WEBSITE AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ACCEPTD, AND EACH OF ITS JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE AND SERVICE ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF MY COLLEGE AUDITION, LLC. 

MY COLLEGE AUDITION, LLC MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (V) THE WEBSITE, NETWORKS OR SERVERS THAT MAKE THE WEBSITE AND SERVICE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF MY COLLEGE AUDITION, LLC’S CONTROL INCLUDING, BUT NOT LIMITED TO, INTERNET NETWORK DISRUPTIONS. ACCEPTD IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE (INCLUDING THE PAID SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE OR SERVICES.

LIMITATION OF LIABILITY; EXCLUSIVE REMEDY

MY COLLEGE AUDITION, LLC’S LIABILITY IS LIMITED TO THE MAXIMUM AMOUNT PERMISSIBLE UNDER APPLICABLE LAW. IN PARTICULAR, MY COLLEGE AUDITION, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF USE, THE PRIVACY POLICY OR YOUR USE OF THE WEBSITE OR ANY CONTENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OR FOR ANY ACTUAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, PROVIDED THAT NOTHING HEREIN WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF ACCEPTD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, OR ANY OF THEM, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL BE LIMITED TO AND IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (A) $100.00, OR (B) THE AMOUNT YOU PAID TO MY COLLEGE AUDITION, LLC FOR PAID SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE THAT MY COLLEGE AUDITION, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNITY BY YOU

You agree to indemnify and hold My College Audition, LLC and our business partner Acceptd, Inc., our subsidiaries, affiliates, officers, agents, and other partners, institutions, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

You agree to and shall defend, indemnify and hold harmless My College Audition, LLC and our business partner Acceptd, Inc., its affiliates, subsidiaries, officers, directors, employees, and agents from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of the Website or any content.

ARBITRATION AND GOVERNING LAW

1. Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against My College Audition, LLC in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against My College Audition, LLC any class action, class arbitration, or other representative action or proceeding.

2. Notice of Rights. By using the Website or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Acceptd (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

3. Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Acceptd (except for small-claims court actions) may be commenced only in the federal or state courts located in Ohio. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

4. Governing Law. Your rights and obligations, and all matters contemplated by these Terms of Use shall be governed by the laws of the United States of America and by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles, as if a contract wholly entered into and wholly performed within the State of Massachusetts. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

NOTICE

We may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Website and/or Services in an authorized manner.

ENTIRE AGREEMENT; OTHER

This Agreement, along with our Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and My College Audition, LLC regarding the use of the Website and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of My College Audition, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind My College Audition, LLC in any manner.

AMENDMENT

This Agreement is subject to change by us at any time. If you are a user at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Services after such posting will constitute acceptance by you of the revised Agreement.

With any questions, please feel free to reach out directly to hello@mycollegeaudition.com.