Austin Classical Guitar ("ACG," "we," "us," or "our") publishes and operates GuitarCurriculum.com, including its online classroom guitar curriculum, student portal, subscription materials, printed textbook ordering, and related educational services (collectively, the "Service").
ACG grants the subscribing institution or individual subscriber (the "Subscriber") a limited, nonexclusive license to access and use the Service during the period for which the applicable subscription has been paid, subject to the terms and conditions contained in this Agreement.
USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF SUBSCRIBER OR AUTHORIZED USERS DO NOT WISH TO BE BOUND BY THIS AGREEMENT AND APPLICABLE OPERATING POLICIES, DO NOT USE THE SERVICE.
Use of GuitarCurriculum.com is also subject to ACG's Privacy Policy.
1. Subscription Period. Subscription is for one (1) year unless otherwise agreed upon by ACG and Subscriber at the onset of the subscription period. Subscription must be renewed before the expiration date to maintain uninterrupted access to the Service. All rights granted under this Agreement terminate upon expiration or termination of the subscription unless otherwise expressly authorized in writing by ACG. See Section 11 for Termination information.
2. Service Changes. ACG may update, improve, modify, or discontinue aspects of the Service during the subscription period. Substantive changes to the content or features of the Service, or changes to the terms and conditions governing Subscriber use of the Service, will be communicated to Subscriber at least thirty (30) days before implementation using the notice methods described in Section 10. Subscriber may terminate the subscription before the effective date of such changes and receive a prorated refund for the unused portion of the subscription period. If Subscriber continues to use the Service after the effective date of such substantive changes, such continued use shall constitute acceptance of those changes. ACG may make minor technical corrections, bug fixes, accessibility improvements, security updates, formatting changes, and similar non-substantive improvements without advance notice. Changes to this License Agreement itself shall be issued as a written Addendum and shall become effective only upon agreement by both parties.
3. Authorized Users. If Subscriber maintains multiple licenses, Subscriber shall designate Authorized Users within its account. Authorized Users include: employees, faculty, teachers, administrators, staff, and students officially affiliated with Subscriber;persons affiliated with approved remote campuses, classrooms, or educational sites of Subscriber; and users accessing the Service through classroom codes or other access methods authorized by ACG. Sharing access with non-subscribing institutions, organizations, or individuals is prohibited. Subscriber may not resell, sublicense, assign, transfer, or otherwise provide access to the Service except as expressly permitted by this Agreement.
4. Subscriber Obligations. Subscriber's Account Manager or designee shall promptly notify ACG of changes to registration information, including mailing address, email address, telephone number, billing contact, account manager, or other subscription information. Subscriber agrees to pay all applicable subscription fees and charges. Subscriber shall take reasonable measures to prevent unauthorized access to its account, login credentials, classroom codes, passwords, or other Service access methods, and shall promptly notify ACG upon becoming aware of unauthorized access.
Subscriber shall make reasonable efforts to notify Authorized Users of the permitted and prohibited uses described in this Agreement. Subscriber shall not be responsible for unauthorized uses of the Service occurring without its express or implied consent, provided Subscriber promptly notifies ACG after becoming aware of such activity and takes reasonable steps to terminate it. Subscriber agrees to cooperate with ACG in any investigation of unauthorized access or use. ACG will not bring an action against an Authorized User without first consulting Subscriber.
5. Copyright and License of Service Content. The contents of the Service are protected by United States copyright law and other applicable intellectual property laws. ACG grants Subscriber a nonexclusive, revocable, nontransferable license to access and use the Service and to permit Authorized Users to access the Service during the active subscription period.
The Service is intended for classroom instruction, music education, professional teaching, and related educational activities. During the subscription period, Authorized Users may download, store, print, and use Service materials for educational purposes, provided all copyright notices and proprietary notices remain intact. For classroom use, Subscriber may make unlimited machine-readable or printed copies for Authorized Users during the active subscription period.
Subscriber and Authorized Users may not: redistribute Service materials to non-subscribing institutions, organizations, or individuals; post Service materials publicly on the Internet or public file-sharing systems; sell, resell, sublicense, or commercially redistribute Service materials;remove copyright notices or attribution; use Service materials to develop competing products or services; prepare derivative works, recompile, manipulate, adapt, or publish Service materials without ACG's express written consent; or use the Service in violation of applicable law or this Agreement.
Documents may be forwarded only to other Authorized Users of the same Subscriber.
All materials obtained through the Service may be used only during the active subscription period. Subscriber and Authorized Users agree to cease use of all Service materials upon expiration or termination of the subscription unless otherwise authorized in writing by ACG.Products, revisions, updates, or improvements resulting from user requests, feedback, recommendations, or suggestions submitted to ACG shall be the sole property of ACG.
6. Student Portal. The Student Portal is intended to provide students with access to selected Service materials through classroom codes or other access methods provided by Subscriber. Students are not required to create individual accounts or provide personal email addresses to use the Student Portal unless expressly required by ACG for a particular feature. Subscriber is responsible for managing classroom codes and student access consistent with this Agreement and applicable school or district policies.
Student Portal materials may be used only by Authorized Users during the active subscription period.
7. Textbook Orders and Third-Party Services. The Service may provide access to printed textbook ordering and related educational materials. Printed textbook fulfillment may be provided by Lulu or another print fulfillment provider. Shipping, taxes, delivery schedules, and fulfillment matters may be governed by the policies of the applicable provider.
ACG may utilize third-party providers for website hosting, payment processing, authentication, analytics, printing, and related operational services, including providers such as Stripe, Webflow, Memberstack, Google Analytics, Lulu, or similar vendors.
Collection and use of personal information are governed by ACG's Privacy Policy.
8. Payments and Billing. Subscriber agrees to pay all applicable subscription fees, textbook charges, and other agreed fees associated with the Service. Payment processing may be performed by Stripe or another third-party payment processor. ACG does not intentionally store complete payment card numbers on GuitarCurriculum.com. Unless otherwise agreed in writing, subscriptions do not automatically renew. Subscriber is responsible for renewing the subscription before expiration.
9. Disclaimers and Limitation of Liability. The Service is provided on an "as is" and "as available" basis. ACG makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, uninterrupted access, or error-free operation.
ACG intends to take prudent measures to reduce the risk of viruses, malware, malicious code, and other harmful software, but cannot guarantee that downloads or Service functions will be free from such conditions. ACG will take reasonable steps to correct defects in the Service after becoming aware of them.
The entire risk as to the quality and performance of the Service rests with Subscriber and Authorized Users.
If, due to causes beyond ACG's reasonable control, ACG is unable to provide Subscriber access to the Service for more than twenty-four (24) consecutive hours, and Subscriber timely objects, ACG shall extend the subscription period by corresponding twenty-four-hour increments at no additional charge. Any claim against ACG shall be limited to such credit. In no event shall ACG or its Content Providers, licensors, employees, agents, or service providers be liable for incidental, consequential, indirect, special, punitive, or exemplary damages, including loss of profits, business interruption, loss of data, or loss of programs arising from use of or inability to use the Service.
10. Notices. ACG may provide notices by email, through the Service, through Subscriber's account, or by written communication to Subscriber's designated account manager or other contact. Subscriber may provide notice to ACG by email or mail at:
Austin Classical Guitar
3908 Avenue B, Suite 116
Austin, Texas 78751
operations@austinclassicalguitar.org
(512) 300-2247
11. Termination. This Agreement may be terminated by either party upon thirty (30) days' written notice specifying the grounds for termination. ACG may terminate this Agreement immediately for violations of Section 5 involving unauthorized copying, distribution, resale, public posting, or other misuse of Service materials. Upon termination or expiration, Subscriber and Authorized Users shall cease use of all Service materials unless otherwise authorized in writing by ACG. The provisions concerning Copyright and License Restrictions, Disclaimers and Limitation of Liability, Third-Party Rights, and General Provisions shall survive termination.
12. Third-Party Rights. The provisions regarding Disclaimers, Limitation of Liability, Copyright Protection, and License Restrictions are for the benefit of ACG, its Content Providers, licensors, employees, agents, and service providers. Each shall have the right to assert and enforce those provisions.
13. General Provisions. Any provision contained in a purchase order, memorandum, procurement document, or other communication that is inconsistent with or adds to this Agreement shall be void unless expressly accepted in writing by ACG. Neither party's course of conduct nor trade practice shall modify this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, all remaining provisions shall remain in full force and effect. Failure by ACG to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision in the future. This Agreement, together with ACG's Privacy Policy and any written subscription terms accepted by ACG, constitutes the entire agreement governing Subscriber's use of the Service.
