Terms Of Service

AGREEMENT TO OUR LEGAL TERMS

We are Will Hutchinson, dba Will Hutchinson ("Company," "we," "us," "our"), are a company doing business virtually in the state of New York, United States at 72 James St. Ossining, NY 10562.

We operate the website willhutchinson.com, (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at info@willhutchinson.com or by mail to 72 James St. Ossining, NY 10562, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Will Hutchinson, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended to be purchased by users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services without the permission of a guardian. Guardians are encouraged and welcomed to attend virtual lessons with their child any time they wish.

We recommend that you print a copy of these Legal Terms for your records.

CANCELLATION POLICY

Lessons are paid on a month-by-month basis  You may cancel lessons going forward for the following month at any time before monthly billing occurs on the 1st of each month. If a student is unable to attend one of their lessons during the month I will record a short personalized virtual lesson and share additional resources and tabs as needed to help keep the learning on track until the next lesson.

If the teacher needs to cancel a lesson for any reason, an in-person make-up lesson by way of a separate lesson or by having a couple extended lessons will be offered to make up for the time.  

Contribution License Agreement

By submitting any content, including but not limited to lesson plans, tutorials, sheet music, or other materials ("Contributions"), to willhutchinson.com or your student portal in MyMusicStaff for music lessons with Will Hutchinson, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, distribute, and display your Contributions in connection with our music lesson services. This license allows us to make your Contributions available to our users and to promote our platform, while you retain ownership of your original work.

You represent and warrant that your Contributions are your original creations or that you have the necessary rights to grant this license, and that they do not infringe upon any third-party intellectual property rights or violate any applicable laws. You agree to indemnify Will Hutchinson against any claims arising from your Contributions.

We reserve the right to review, edit, or remove any Contributions at our discretion, without obligation to use them. By submitting Contributions, you acknowledge that you are not entitled to compensation or attribution unless otherwise agreed in writing.

This agreement is effective upon submission of your Contributions and may be updated by Will Hutchinson with notice on our website. If you do not agree to these terms, please do not submit Contributions to our platform.

Third Party Website and Content Disclaimer

Will Hutchinson may provide links to third-party websites, resources, or content, or allow access to such materials through our online music lesson platform. These third-party materials are provided for convenience only and do not imply endorsement, affiliation, or control by Will Hutchinson. We are not responsible for the accuracy, legality, availability, or content of any third-party websites, resources, or materials, nor for any damages or losses arising from their use.

You acknowledge that accessing or using third-party websites or content is at your own risk. Will Hutchinson does not guarantee the security, functionality, or quality of these external resources and disclaims all liability for any issues, including but not limited to technical failures, data breaches, or intellectual property disputes, that may result from your interaction with them.

We may update or remove links to third-party content at our discretion without notice. You are responsible for reviewing the terms and policies of any third-party websites or resources you access through our platform.

This disclaimer is part of our Terms of Service and applies to all users of Will Hutchinson. By using our platform, you agree to these terms regarding third-party websites and content.

Privacy Policy

We value your privacy and are committed to protecting your personal information. As an online guitar instructor based in the United States, we collect personal data such as your name, email address, and payment details to provide our services, schedule lessons, and communicate with you. If you are located outside the U.S., including in the European Union, we ensure your data is processed in compliance with applicable laws, such as the General Data Protection Regulation (GDPR). We do not share your personal information with third parties except as necessary to process payments, comply with legal obligations, or with your explicit consent.

We use secure technologies to store and transmit your data, employing encryption and access controls to prevent unauthorized access. You have the right to access, correct, or delete your personal information, as well as to restrict or object to its processing, by contacting us directly. If you are in the EU, you may also lodge a complaint with your local data protection authority. We retain your data only for as long as necessary to provide our services or as required by law, after which it is securely deleted.

Cookies and similar technologies may be used on our website to enhance your experience, such as remembering your preferences or analyzing site usage. You can manage cookie settings through your browser, though disabling them may affect functionality. We do not sell or rent your data for marketing purposes, and any analytics data is anonymized to protect your identity.

This policy is part of our Terms of Service and may be updated periodically to reflect changes in law or our practices. We will notify you of significant updates via email or through our website. For questions or to exercise your data rights, please contact us at hutchinson.will@gmail.com. By using our services, you acknowledge that you have read and understood this Privacy Policy.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

Term and Termination

This Agreement shall commence upon your acceptance of these Terms of Service and shall continue until terminated by either party as provided herein (the "Term").

You may terminate this Agreement at any time by providing written notice to us via email at hutchinson.will@gmail.com or through the account management interface provided on our platform, if applicable. Upon termination by you, your access to the Services will cease, and any prepaid fees for unused services will be refunded in accordance with our refund policy, if applicable.

We may terminate this Agreement or suspend your access to the Services at any time, with or without cause, and with or without notice, including but not limited to, for non-payment of fees, violation of these Terms of Service, or if we believe your use of the Services may harm our reputation, other users, or the operation of the Services. Upon termination by us, your access to the Services will cease immediately, and you will not be entitled to any refund of fees unless otherwise required by applicable law.

Upon termination of this Agreement for any reason, all rights granted to you under these Terms of Service will immediately cease, and you must promptly discontinue all use of the Services. Any provisions of these Terms of Service that, by their nature, should survive termination (including but not limited to payment obligations for services rendered, confidentiality obligations, and limitations of liability) shall survive such termination.

We reserve the right to modify or discontinue the Services (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Governing Law

These Terms of Service and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New York County, New York, and the parties hereby consent to the personal jurisdiction and venue therein.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Westchester County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Will Hutchinson Music LLC, Dba Will Hutchinson 72 James St, Ossining, NY United States 

info@willhutchinson.com