Terms of Service

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
this Agreement, you agree to be bound by any terms and conditions set out by any third-party
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
indicates your acceptance of any updated or modified Agreement.

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
worksheets. Our services are targeted to parents of children ages 0-18 years old and businesses
catering to the same age group. Our goal is to connect collegiate musicians with families and
businesses and teach children communication, confidence, and creativity. We provide lessons
for different instruments and in multiple different languages.

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 is
incorporated 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.

You may direct others to the Site by word of mouth or by sharing hyperlinks to offers on our
Site or link to our Site itself, whether via email, social media outlets, your personal website or
blog, electronic message, text message, or otherwise. However, you may not do so for a
malicious purpose, nor may you make use of such links for a commercial purpose. You may not
post links to our Site or re-post offers from our Site on a website aggregator or for any other
commercial purpose.

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
than you;

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,
creating personalized log-in information; (2) by allowing an EchoKids application to connect you
to the Site via your Facebook profile; (3) by allowing an EchoKids application to connect you to
the Site via your LinkedIn Profile; or (4) by allowing an EchoKids application to connect you to
the Site via your Google+ account. If you choose to create an Account, you agree to provide only
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
authorized to do so. If someone accesses the Site using Log-In Information that we have issued
to you, we will rely on that Log-in Information and will assume that access has been made by
you. Please notify us immediately if you become aware that your Log-in Information is being
used without authorization.

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
makes no warranties or representations regarding the use of these Third-Party Sites or the way
these sites may use your personal information. Such use is governed solely by the Third-PartySites.

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.

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 reasonable steps to
investigate such claims and take any actions they deem appropriate.

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
you have legal guardianship use the worksheets. However, you may not duplicate, retain an
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.

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.

7. Warranties
All information provided on this website is provided “as is” and “as available.” You expressly
agree that your use of this site and any information contain therein is at your sole risk. Wecannot and do not warrant that your use of this site will be uninterrupted, secure or error-free.
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.

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)
the direct, calculable damage that we directly cause or (2) $1,000 (One-Thousand United States
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.

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
indirectly or directly to your use of this Site, a Third-Party Site, or your violation of this
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.

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
contractors for EchoKids and as such are not agents of EchoKids and are only authorized to
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,
damages, claims, and so forth arising from the conduct of mentors. You further agree to notify
EchoKids of any issues regarding Mentors before initiating any legal action. This does not
supersede any applicable mandatory reporting requirements in your jurisdiction.

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.

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
requirement that such communications would satisfy if it were in a hardcopy writing. The
foregoing does not affect your non-waivable rights.

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.

16. Notice
Any notice required to be sent to EchoKids must be sent in writing to:
Name: EchoKids Music
Address: 15 Mansfield St Allston, MA 02134 USA
Notice will be deemed delivered upon the first business day after the notice was received.
Notice lost in the mail will not suffice for any notice requirement. You are encouraged to track
any mail notifications through the courier’s tracking system and/or require a signature upon
delivery.

EchoKids will provide you notice through your account or an email attached to your account.
An email notification will be deemed delivered at the start of the next business day. You are
expected to keep your email address updated and check it regularly.

Privacy Policy

Last Updated June 4, 2021

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.

WHAT WE COLLECT
We get information about you in a range of ways.
Information You Give Us. We collect your name, postal address, email address, phone number,
fax number, username, password, 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:

● 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 may share personal information as follows:

● 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
Thinkific 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.