Welcome to EchoKids Online Web Application, a website owned and operated by EchoKids, Inc., a Delaware corporation. This website, echokidsmusic.com and all of its domains and subdomains and third party affiliate sites (collectively “Site”), contain general information about services offered by EchoKids, INC. (hereafter “EchoKids”, “us”, “we”, and/or “our”) as well as opportunities for adults, ages 18 and up, to request our services. You may not access or use the site or accept these Terms of Use and the attached Arbitration Agreement if you are not at least 18 years old.

These Terms of Use and Arbitration Agreement (attached and incorporated herein) are a binding agreement between EchoKids and you, the website user, for all interactions occurring on this Site and in all events, music lessons, and interactions between you and EchoKids which arise out of the use of this Site (“Terms of Use,” “Terms,” or “Agreement”). By visiting this Site and/or using any services provided on this Site, you agree to these Terms of Use. If you do not agree with all of the provisions of these terms, do not access and/or use this site. In addition to platforms we use to provide you the services promised. Make sure you return to this page from time to time to review the most current version of this Agreement. We reserve the right to change or modify this Agreement without prior notice at any time, and your continued access or use of this Site and or use of the services offered

1. About Us
EchoKids offers a variety of in-person and online education music services including, but not limited to, private and group lessons, activities, at-home activities for parents and children, and catering to the same age group. Our goal is to connect collegiate usicians with families and businesses and teach children communication, confidence, and creativity. We provide lessons for different instruments and in multiple different languages.
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2. Privacy Policy
Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect, use, and protect your data. We encourage you to read the Privacy Policy to help make informed decisions when using our Website. The Privacy Policy isincorporated herein by reference and is available here.

3. Permitted Activities and Conditions of Use

3.1. Permitted Activities
You are encouraged to explore our site, social media sites, subscribe for free activities and worksheets, and sign up for free or paid lessons so long as you are 18 years or older. Services may be purchased for any child between 0-18, but only parents and legal guardians can consent to the use of these services.
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You may direct others to the Site by word of mouth or by sharing hyperlinks to offers on our post links to our Site or re-post offers from our Site on a website aggregator or for any other commercial purpose.
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3.2 Prohibited Activities
The content and information on this Site, as well as EchoKids social media sites, are proprietary to us. You may do any of the Permitted Activities outline above, but you agree to not otherwise reproduce, re-use, alter, transmit, display, sell or re-sell any information, products or services acquired through this Site. You agree not to republish any information from this website for any commercial purpose.

Additionally, you may not:
● Use this Site or its contents for any commercial purpose;
● Make any speculative false, or fraudulent purchase or any purchase in anticipation of demand;
● Access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
● Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
● Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
● Deep-link to any portion of this Website for any purpose without our express written permission; or
● "Frame," "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

3.3. Conditions of Use
We retain the right to deny access to this site and the services we offer to anyone at our sole discretion, at any time, and for any reason, including, but not limited to, for violating this Agreement.

Your use of this Website is conditional on the following:
● You are at least 18 years of age;● You possess the authority to create a binding legal obligation
● You will use this Site in accordance with this Agreement
● You will only use this Site to make legitimate use of the services.
● All purchases made are made with a valid form of payment.
● You agree not to engage any mentor, employee, or independent contractor of EchoKids for music education or similar services except through EchoKids.
● You have the legal authority to provide all information that you submit to the Website, any such information is only about yourself or children over whom you have legal guardianship, and all information supplied by you on this Website is true, accurate, current and complete;
● You will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other

4. Use of Services

4.1. Your Account
Certain services require you to create an EchoKids account (“Account”). You can create an Account through one of the following methods: (1) registering directly through our Website, the Site via your LinkedIn Profile; or (4) by allowing an EchoKids application to connect you to accurate, complete registration information about yourself, and you will keep that information up-to-date if it changes. Access to the Site is not authorized by any other person or entity using your Log-in Information and you are responsible for preventing such unauthorized use. EchoKids relies on the Log-in Information to know whether users accessing the Site are
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4.2. Third-Party Sites
EchoKids may use certain third-party sites, such as but not limited to, Slack, Instagram, and Thinkific (“Third-Party Sites”). Each Third-Party Site contains their own privacy policies and terms of use which you will be required to accept before using our services. To the extent that the sites contain content created and provided by EchoKids, this agreement is binding. EchoKids these sites may use your personal information. Such use is governed solely by the Third-PartySites.
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4.3. Free Lessons
Free lessons are provided for your enjoyment and benefit. The lessons are provided as is and we make no representation or warranties regarding the quality of video, or the lack of technical issues. Though we strive to make the lessons free of errors, some errors may occur. You waive all claims, liabilities, and damages resulting from your use of these free lessons.
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4.4. Paid Lessons
Paid lessons are provided for individuals and groups both online and in person. Such lessons are provided as-is. Paid lessons are governed by the terms and agreements made at the time of the lessons. Online lessons are provided via Skype, Zoom, Facetime, Google Hangouts, or other third-party teleconference service. You waive all claims, liabilities and damages resulting from any technical issues caused by the use or performance of any teleconference service. Paid lessons will generally be taught by collegiate musicians (“Mentors”). Mentors are contracted workers and not employees of EchoKids. Mentors are solely liable for their conduct. EchoKids agrees to take commercially reasonable steps to ensure that Mentors are responsible and safe to work with children. Any concerns about Mentors should be raised directly with EchoKids. EchoKids, in their sole discretion, shall take commercially easonable steps to investigate such claims and take any actions they deem appropriate.
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4.5. Other Services
Other services, including, but not limited to, worksheets, are owned and copyrighted by EchoKids. You may personally use the worksheets and have your children or children over whom electronic copy of, sell, or otherwise use the worksheets in any manner for commercial gain.

5. Payment and Refunds
Payment and refunds are handled on a case by case basis upon expressing interest in purchasing services. In any event, all refunds are granted at EchoKids’ sole discretion.
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6. Termination
This agreement shall extend in perpetuity from the time you first accessed the website and shall govern any interactions or actions arising out of the use of the Site. Any termination of services will be determined by individual agreements between you and EchoKids.
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7. Warranties
All information provided on this website is provided “as is” and “as available.” You expressly To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.
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8. Limit on Liability
In no event shall EchoKids, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other EchoKids under common control with us be liable to you or any third party for any loss of wage, loss of profit, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in any way related to your relationship with us, your use of the Site or Third-Party Sites, even if we have been advised of the possibility of such damages. Access to and Use of the Site or Third-Party Sites are at your discretion and risk. You will be solely responsible for any damage to your computer system or loss of data, or exposure of Personal Information resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or in any way related to your relationship with EchoKids or this agreement will be limited to the lesser of (1) Dollars. You agree that any claim for damages will be brought within six (6) months from the use of the Site that caused damages and that any claim that you fail to bring within such time shall be irrevocably waived.
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9. Indemnification
You agree to indemnify and hold EchoKids, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other company under common control with us harmless from all liabilities, actions, obligations, causes of action, claims, damages, demands, costs, expenses and compensation, including costs and attorneys’ fees, related Agreement. We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us at your expense, and you agree to cooperate with our defense of these claims. You agree to not settle any matter without our prior written consent. We will use commercially reasonable efforts to notify you of any such claim action or proceeding upon becoming aware of it.

10. Intellectual Property
All images, pictures, worksheets, videos, and other such tangible works of authorship on EchoKids’ Site or created and posted on Third-Party Sites are owned by EchoKids and protected via Copyright, Trademark and other Intellectual Property laws (“Content”). Except as expressly permitted in this agreement, any attempt to duplicate, reverse engineer, sell, copy, use in any way not expressly stated in this agreement or engage in any other fraudulent activity including, but not limited to, holding yourself out as EchoKids, is a violation of these rights. You agree to only use Content as expressly authorized in this agreement unless authorized by EchoKids in writing.
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11. Relationship of the Parties
You agree that no joint venture, partnership, or employment relationship exists between you and EchoKids because of this Agreement or use of this Site. Mentors are independent provide services within the scope of this Agreement and their contractor agreements. No mentor is authorized to modify this or other agreements or make new agreements on behalf of EchoKids or third-party service providers. EchoKids is simply a “matchmaking” service to pair clients with mentors and facilitate a relationship between them. Mentors are personally responsible for all communications and services they provide. You agree to waive all liabilities, EchoKids of any issues regarding Mentors before initiating any legal action. This does not supersede any applicable mandatory reporting requirements in your jurisdiction.
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12. Severability
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
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13. Export
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from EchoKids, or any products utilizing such data, in violation of the United States export laws or regulations.

14. Electronic Communications
For contractual purposes, you (a) consent to receive communications from EchoKids in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EchoKids provides to you electronically satisfy any legal foregoing does not affect your non-waivable rights.
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15. Entire Agreement
These Terms and the attached Arbitration Agreement constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word“including” means "including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without EchoKids’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. EchoKids may freely assign these Terms. The terms and conditions outlined in these Terms shall be binding upon assignees.
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Last Updated June 4, 2021
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This privacy policy (“Policy”) describes how EchoKids, Inc., a Delaware corporation, and its related companies (“we,” “us,” or “Company”) collect, use and share personal information of users of this website, echokidsmusic.com and all of its domains, subdomains, and third party affiliate sites (collectively “Site”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.
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WHAT WE COLLECT
We get information about you in a range of ways.
Information You Give Us. We collect your name, address, email address, phone number, username, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site.

Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site. We will not get any information about any minors under the age of 13 from others, but solely rely on any information which you, the parent or legal guardian, may provide. If you use Google to create/login to your account, we will be able to view and edit events on all calendars you have access to in Google Calendar, associate you with your personal info on Google including any personal info you've made publicly available and see your primary Google Account email address.

Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

USE OF PERSONAL INFORMATION
We use your personal information as follows:
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● To operate, maintain, and improve our sites, products, and services.
● To process and deliver contest entries and rewards.
● To respond to comments and questions and provide customer service.
● To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
● To communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
● To link or combine user information with other personal information.
● To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
● To provide and deliver products and services customers request.
● To synchronize the EchoKids calendar to your Google Calendar used to create your account.

SHARING OF PERSONAL INFORMATION
We will never sell your information but may share personal information as follows:
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● We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
● We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
● We may share personal information for legal, protection, and safety purposes.
● We may share information to comply with laws.
● We may share information to respond to lawful requests and legal processes.
● We may share information to protect the rights and property of EchoKids, our agents,
customers, and others. This includes enforcing our agreements, policies, and terms of use.
● We may share information in an emergency. This includes protecting the safety of our
employees and agents, our customers, or any person.
● We may share information with those who need it to do work for us.

We may also share aggregated and/or anonymized data with others for their own uses.

INFORMATION COLLECTED BY THIRD PARTIES
By visiting the website of a third-party site, such as but not limited to Slack, Instagram, and other sites linked to on EchoKids (“Third-Party Sites”), you agree to abide by the data and privacy policy associated with that Third-Party Site. We make no representations or warranties/regarding the type of collection or the storage of data that may be collected. You agree to waive
and release us from any legal action for damages or other harm, including costs and attorney fees, arising out of your use of a Third-Party Sites.

SOCIAL MEDIA
By clicking on social media widgets, such as Facebook, Instagram, or LinkedIn, you recognize that these features may collect information about your IP address and that they may set a cookie to make sure the feature functions properly. Your interactions with those features are governed by the privacy policies of the companies that provide them.

INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal
information.

You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us by email at contact@echokidsmusic.com

‍CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.