Banjo Mountain Terms of Use

Overview:

Welcome to Banjo Mountain! We are a subscription service that provides our members with access to banjo lessons streamed over the Internet to certain Internet-connected TV’s, computers and other devices.

These Terms of Use govern your use of our service. As used in these Terms of Use, “Banjo Mountain service,” “our service” or “the service” means the service provided by Banjo Mountain for discovering and watching our banjo lessons, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Banjo Mountain (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain devices, you may need to visit www.thebanjomountain.com/termsofuse to review these hyperlinked terms.

Acceptance of Terms of Use

These Terms of Use govern your use of the Banjo Mountain service. By using, visiting, or browsing the Banjo Mountain service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Banjo Mountain service.

The Banjo Mountainservice is provided by Frazier Creative LLC. Frazier Creative LLCis providing the service to you (referred to as “Banjo Mountain” in these Terms of Use).

Changes to Terms of Use. Banjo Mountainmay, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

Privacy. Personally identifying information is subject to our Privacy Policy (www.thebanjomountain.com/privacypolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Communication Preferences. By using the Banjo Mountain service, you consent to receiving electronic communications from Banjo Mountainrelating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Banjo Mountainservice, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship withBanjo Mountain. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Netflix features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy (www.thebanjomountain.com/privacypolicy) for further detail on our marketing communications.

Membership, Billing and Cancellation

Membership

Ongoing Membership. Your Banjo Mountainmembership will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Banjo Mountainservice. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Banjo Mountainby visiting our website and clicking on the “ My Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Billing

Recurring Billing. By starting your Banjo Mountainmembership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Banjo Mountainservice to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Banjo Mountainmembership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the Banjo Mountainwebsite. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your Banjo Mountainmembership at any time, and you will continue to have access to the Banjo Mountainservice through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED LESSONS OR VIDEOS. To cancel, go to the “MY Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for Banjo Mountainusing your account with a third party as a Payment Method, and wish to cancel your Banjo Mountainmembership at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Banjo Mountainservice through that third party. You may also find billing information about your Banjo Mountainmembership by visiting your account with the applicable third party.

Banjo Mountain Service

The Banjo Mountainservice, and any content viewed through our service, are for your personal and non-commercial use only. During your Banjo Mountainmembership, we grant you a limited, non-exclusive, non-transferable, license to access the Banjo Mountainservice and view lessons and videos through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. The content that may be available to watch will vary by geographic location.

We continually update the Banjo Mountainservice, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the Banjo Mountainservice, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Banjo Mountainservice without express written permission from Banjo Mountainand its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Banjo Mountainservice; use any robot, spider, scraper or other automated means to access the Banjo Mountainservice; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Banjo Mountainservice; insert any code or product or manipulate the content of the Banjo Mountainservice in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Netflix service, including any software viruses or any other computer code, files or programs.

The availability of lessons and videos to watch will change from time to time. The quality of the display of the streaming lessons and videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Banjo Mountainmakes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a lesson or video will vary based on a number of factors, including your location, available bandwidth at the time, the lesson or movie you have selected and the configuration of your device.

Passwords & Account Access

The member who created the Banjo Mountainaccount and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Banjo Mountainaccount. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Banjo MountainCustomer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

In order to provide you with ease of access to your account and to help administer the Banjo Mountainservice, Banjo Mountainimplements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Banjo Mountainservice, which includes accessing via the website.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Banjo Mountainwebsite and not through a hyperlink in an email or any other electronic communication, even if it looks official. Banjo Mountainreserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Banjo Mountainis not obligated to credit or discount a membership for holds placed on the account by either a representative of Banjo Mountainor by the automated processes ofBanjo Mountain.

Disclaimers of Warranties and Limitations on Liability

THE BANJO MOUNTAIN SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BANJO MOUNTAIN SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BANJO MOUNTAINDOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BANJO MOUNTAINSERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BANJO MOUNTAINSPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALLBANJO MOUNTAIN, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Gifts & Promotions. From time to time promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Banjo Mountainin its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

Intellectual Property

Copyright. The Banjo Mountain service, including all content provided on the Netflix service, is protected by copyright, trade secret or other intellectual property laws and treaties.

Trademarks. Banjo Mountainis a registered trademark of Frazier Creative LLC.

Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the NetflixBanjo Mountain, please notify us by contacting support@thebanjomountain.com

Governing Law

For all Banjo Mountainmembers, these Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions.

You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Banjo Mountainservice. These Applications may import data related to your Banjo Mountainaccount and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Banjo Mountainis not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Banjo MountainAND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

Use of Information Submitted. Banjo Mountainis free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Banjo Mountainservice, including the Banjo Mountainwebsite and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Banjo Mountainservice. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Banjo Mountaindoes not accept unsolicited materials or ideas for lessons or videos, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted toBanjo Mountain. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Banjo Mountainand its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

Customer Support. To find more information about our service and its features, or if you need assistance with your account contact us at support@thebanjomountain.com. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

Arbitration Agreement

If you are a Banjo Mountainmember in the United States (including its possessions and territories), you and Banjo Mountainagree that any dispute, claim or controversy arising out of or relating in any way to the Banjo Mountainservice, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. 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 Banjo Mountainare each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Banjo Mountainmembership.

If you elect to seek arbitration or file a small claim court action, you must first send toBanjo Mountain, by email, a written Notice of your claim (“Notice”).If Banjo Mountaininitiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or byBanjo Mountain, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Banjo Mountainand you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Banjo Mountainmay commence an arbitration proceeding or file a claim in small claims court.

Unless Banjo Mountainand you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

YOU AND BANJO MOUNTAIN 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 Banjo Mountainagree 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 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.

Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: April 12, 2016