MARCHDRUMCORPS.ORG
Terms of service, policies, and procedures.
Terms of Use
Last modified: August 8th, 2026
MarchDrumCorps.org, sometimes referred to as “us,” “we,” “our,” or “MDC”, (the “Website”)
is a non-profit 501(c)(3) organization that provides online services connecting students
(“Students”) with a network of independent music instructors (referred to as “Providers”
or “Provider Members”). This Terms of Use (the “Agreement”) is intended to bind all
parties using our Website and any of our services or materials. If you wish to use our
Services, please be certain to read the Terms of Use and indicate your intent to be
compliant with the Agreement. If you object to anything in this Agreement, please let us
know.
1. Acceptance of Terms of Use Agreement
This Agreement is an electronic contract that reflects our entire Agreement for the use of
our Services, whether you are a “Student Member,” “Provider Member,” or in any other
capacity. Our Policies and further terms of use for our Services, are all incorporated herein
by reference, and are subject to modification at the discretion of the Website with advanced
notice to any user.
Nonprofit StatusMARCH DRUM CORPS, INC. is a Virginia non-stock corporation and has received official
determination from the Internal Revenue Service (IRS) recognizing it as a public charity
under Section 501(c)(3) of the Internal Revenue Code.
Payments made for lessons or other services purchased through the Website are payments
for services rendered and are not tax-deductible contributions. MDC does not currently
accept public donations through the Website. In the event MDC begins accepting donations
through the Website, any portion of a payment properly designated and accepted as a
donation — separate and apart from payment for lessons or other services — will be tax-
deductible for federal income tax purposes to the extent permitted by law. MDC will
provide a written acknowledgment of any single contribution of $250 or more. Please
retain your payment confirmation and consult with a tax professional regarding the
deductibility of any specific contribution.
2. Eligibility
Use of our Services is void if prohibited by law. Users of our Services must be an adult; or if
under the age, he or she has obtained proper consent from a parent or legal guardian. If you
use our Services on behalf of a company or other entity, you represent you have the
authority to bind that entity to this Agreement. The user represents that he or she agrees to
abide by all of the terms and conditions of this Agreement.
3. How the Service Works
MarchDrumCorps.org is an online Service for connecting Students and Providers of music
and marching instruction. The Providers are Independent Contractors, and they are not
employees of MarchDrumCorps.org. We are in no way responsible or liable for the actions
of the instructors. Our Services are designed to facilitate connecting students to skilled
instructors, facilitate scheduling, and collecting and disbursing funds. Our Services are
separate from the services of Provider Members.
4. Membership
You may use some of our Services at no direct cost. However, in order to access additional
features and Services, including the ability to book or manage lessons, you must become a
registered Member. To become a Member, you agree to provide accurate, current, and
complete information during the registration process and to update such information to
keep it accurate, current, and complete throughout your use of the Services. A Member may
not have more than one active MDC Account. We reserve the right to suspend or terminate
your MDC Account and your access to our Services for any reason.
a. Student Membership
As a Student Member, you will have the ability to book and pay for lessons, manage your
lesson schedule, communicate with Providers, access help documents, and use any other
Services provided to Student Members. As a Student Member you must continually comply
with this Agreement. As part of your Student Membership, you may receive messages via
text / SMS from us, including manual or automated reminders regarding upcoming lessons,and you may incur costs from your carrier or mobile service provider as a result of these
messages. Additional terms and conditions of service may be contained within your
Student Member account.
b. Provider Membership
You must be at least eighteen (18) years old to be a Provider Member. As a Provider
Member, you will have access to tools that enable you to manage marketing, scheduling,
billing, and communication in addition to other tools provided by us. Additionally, you will
have the opportunity to apply for a listing on our website. Acceptance for Listing is at our
sole discretion and we may remove Listings from our Services at any time for any reason.
Any Listing you post (i) must not breach any agreements you have entered into with
anyone, including this Agreement; and (ii) must contain accurate, current and complete
information. If you are accepted and your Listing is presented within our Services, you
must continually comply with this Agreement. Any Provider Member who accepts a
booking through our Services must honor all terms and conditions of the Listing, this
Agreement and any our additional Provider Policies in effect at the time of booking. As part
of your Provider Membership, you will be required to receive messages via text / SMS,
which may be sent manually by us or through automated systems, and may incur costs
from your carrier or mobile service provider as a result of these messages. Additional
terms and conditions of service may be contained within your Provider Member account.
c. Independent Contractor Status
Our Services are separate and distinct from the services of the Providers. You acknowledge
that Provider Members are not employees or agents of MarchDrumCorps.org but are
independent contractors who operate a separate and distinct business from
MarchDrumCorps.org. As such, we do not endorse or control the Providers, the manner or
method of service to you, exercise no control over your working relationship with the
Provider Member and do not warrant your safety or the service of any Provider Member.
We urge all users of marchdrumcorps.org to be responsible and careful about their use of
our Services, any transaction entered into as a result of our Services and interactions with
Members.
d. General Disclaimer
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy,
suitability, truthfulness, or authenticity of any information contained within the Listings or
of any information posted or provided by a Member. We assume no responsibility for
ensuring a Member’s compliance with any applicable laws, rules, and regulations of this
Agreement. We have not inspected the location where any instruction will be provided. We
are not responsible for the conduct, whether online or offline, of any user of our Services.
Under no circumstances will we or any of our employees, officers, agents, advertisers, or
affiliates be responsible for any loss or damage, including personal injury or death,
resulting from anyone’s use of the Website or our Services, any content posted on the
Website or transmitted to Members, or any interactions between users of our Services,whether online or offline. We cannot guarantee and do not promise any specific results
from use of our Services.
Some of our Services may require Students to have a computer and a sustained and reliable
internet connection. We do not provide refunds for technical failures, power outages or
unreliable internet connections beyond our control.
Our Services may give you access to links to third-party websites (“Third Party Sites”),
either directly or through Providers. We do not endorse any of these Third Party Sites and
do not control them in any manner. Accordingly, we do not assume any liability associated
with Third Party Sites. You need to take appropriate steps to determine whether accessing
a Third Party Site is appropriate, and to protect your personal information and privacy on
such Third Party Site.
We cannot guarantee that each Member is at least the required minimum age, nor do we
accept responsibility or liability for any content, communication, or other use or access of
our Services by persons under the age of majority in violation of this Agreement. Also, it is
possible that other Members or users (including unauthorized users, or “hackers”) may
post or transmit offensive or obscene materials using our Services and that you may be
involuntarily exposed to such offensive and obscene materials. It also is remotely possible
for others to obtain personal information about you due to your use of our Services, and
that the recipient may use such information to harass or injure you. We are not responsible
for the use of any personal information that you disclose using our Services. Please
carefully select the type of information that you post on the Website or release to others
using our Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION,
FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING
UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE
OF THE WEBSITE, OUR SERVICES, OR OTHERWISE.
e. Warranty Disclaimer
OUR WEBSITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER
MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE
PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
f. Code of Conduct
While using our Services you agree not to:
• Restrict or inhibit any other visitor or Member from using our Services, including,
without limitation, by means of “hacking,” “cracking,” or defacing any portion of our
Services;
• Use our Services for any unlawful purpose;• Express or imply that any statements you make are endorsed by us, without our prior
written consent;
• Transmit (a) any content, language, imagery, or information that is unlawful,
fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes on our or any third party’s intellectual property or other
rights; (b) any material, nonpublic information about companies without the
authorization to do so; (c) any trade secret of any third party; or (d) any
advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities, or other unsolicited commercial communication (except as otherwise
expressly permitted by us);
• Engage in spamming or flooding;
• Breach or circumvent any laws, third-party rights or our systems, policies, or
determinations of your account status;
• Transmit any software or other materials that contain any virus, worm, time bomb,
Trojan horse, or other harmful or disruptive component;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble
any portion of the Website or our Services;
• Remove any copyright, trademark, or other proprietary rights notices contained on
the Website or applied to our Services;
• “Frame” or “mirror” any part of the Website or our Services without our prior written
authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, “data mine,” or in any way reproduce or
circumvent the navigational structure or presentation of the Website or its contents;
• Harvest or collect information about Website visitors or Members without their
express consent;
• Create more than one profile, without our express written consent; or any profile that
is untruthful or misleading;
• Permit anyone else whose account or subscription was terminated, or who is not a
Member, to use our Services through your subscription, username or password;
• Engage in commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, and pyramid schemes;
• Transfer your account or user ID to another party without our consent;
• Be disruptive in any lesson or group instruction;
• Solicit any instructor or user to work with or for another company for employment,
independent contracting services, performances, or other service; or
• Engage in any communication related to sexual conduct, nudity, or which expresses
profanity.
5. Pricing
Lesson prices are agreed to at the time of payment for the number of lessons purchased.
Lesson prices vary by Provider and lesson type, which are subject to change at any time.
Students and Provider Members may reschedule or cancel a lesson at no charge, subject toany scheduling terms made available within the Services. Student Members and Provider
Members are obligated to honor the prices established at the time of payment. See
additional Student and Provider Policies set forth herein. Additional pricing terms and
conditions are contained within Member and Provider accounts and within email
correspondence from MarchDrumCorps.org. Refunds are not provided for acts taken in
violation of this Agreement or for technical failures, power outages, or unreliable internet
connections beyond our control. Furthermore, we are not required to provide refunds to
students who have falsified parental consent before enrolling in lessons.
Instructor-Initiated Cancellations
If a Provider Member cancels a confirmed lesson, the Student Member will receive account
credit equal to one hundred percent (100%) of the amount paid for that lesson. This credit
may be applied toward the purchase of a future lesson through the Services. Unused credit
expires six (6) months from the date it is issued. Alternatively, a Student Member may
request that an unused credit be refunded to the original payment method used for the
underlying purchase; any such refund will be reduced by the amount of the original
payment processing fees actually incurred by MDC in connection with that purchase, which
will not be refunded. Once a credit has been applied toward a future lesson or refunded, in
whole or in part, it is no longer available for further use. A Student Member may request a
refund of any remaining, unused portion of a credit at any time prior to its expiration,
subject to the fee deduction described above.
6. Term
This Agreement will remain in full force and effect while you use our Services and/or are a
Member. You may terminate your membership at any time, for any reason, by contacting
our customer service team, or by sending written notice of termination to 3521 W Coral
Key, Virginia Beach 23452, United States. To help us analyze and improve our Services, you
may be asked to provide a reason for your resignation/cancellation. We may terminate
your membership and/or subscription at any time through notice to your email address on
file. If we terminate your membership because you have breached this Agreement, you will
not be entitled to any refund of unused subscription fees. All decisions regarding the
termination of accounts shall be made in our sole discretion. We are not required to
provide you notice prior to terminating your membership. We are not required, and may
be prohibited, from disclosing a reason for the termination of your account. After your
membership or subscription is terminated, all terms that by their nature may survive
termination of this Agreement shall be deemed to survive such termination.
7. Non-Circumvention
During the term of this Agreement and for two years thereafter, no Member shall, directly
or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business
transactions with any Member introduced by us through our Services, without our consent.
In case of such circumvention, such Member agrees and guarantees that such Member will
pay a legal monetary penalty that is equal to the commission or fee we would have realized
in such transactions, had Member not circumvented our rights under this Agreement.8. No Non-Permitted Use by Members
Use of our Services is only with our permission, which may be revoked at any time, for any
reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be
referred for criminal prosecution.
9. Account Security
You are responsible for maintaining the confidentiality of your username and password.
You shall not disclose your password to any unauthorized third party and will take sole
responsibility for any activities or actions under your marchdrumcorps.org Account,
whether or not you have authorized such activities or actions. You agree to (a) immediately
notify us of any unauthorized use of your username or password or any other breach of
security, and (b) ensure that you logout from your account at the end of each session. We
will not be liable for any loss or damage arising from your failure to comply with this
provision. You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other
personal information. If you share your computer with others, you may wish to consider
disabling any auto-login features if linked to your MDC account.
10. Your Interactions with Other Members and Our Limitation of Liability
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.
YOU UNDERSTAND THAT NOT ALL PROVIDERS ON THE WEBSITE HAVE
BACKGROUND CHECKS AND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON
STUDENT MEMBERS. THE EXTENT OF OUR BACKGROUND CHECK IS LIMITED BY THE
QUALITY AND SCOPE OF SERVICE PROVIDED BY OUR THIRD PARTY INVESTIGATIVE
SERVICE AND THE LIMITATIONS OF COMPUTER ACCESSIBLE PUBLIC RECORDS. NOT
ALL JURISDICTIONS OR CRIMES ARE EVALUATED AS PART OF THE CRIMINAL
BACKGROUND CHECK. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR
STATEMENTS OF OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH
ANY CURRENT OR FUTURE MEMBERS.
b. NO MEMBER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER MEMBER. YOU
AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER
MEMBERS OF OUR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES,
EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH
MEMBERS YOU MEET THROUGH OUR SERVICES. YOU DO SO AT YOUR OWN RISK
AND AT YOUR OWN PERIL.
c. IN NO EVENT SHALL THE WEBSITE AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES
WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS,
ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, TAKE LESSONS
AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, OUR THIRD PARTY
INVESTIGATIVE SERVICE, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITHTHE USE OF OUR SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION,
BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING
FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR
PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE.
d. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO
THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF TAKE LESSONS
AND/OR ITS OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR
HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR
OUR SERVICES DURING THE PRECEDING TWELVE MONTHS, UP TO A MAXIMUM OF
FIVE THOUSAND DOLLARS.
11. Content within our Services
a. Proprietary Rights
The Website and our Services contains the copyrighted material, trademarks, and other
proprietary information of marchdrumcorps.org, and its licensors. Except for that
information which is in the public domain or for which you have been given written
permission, you may not copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information.
b. Reliance on Content, Advice, Etc.
Opinions, advice, statements, reviews, offers, or other information or content made
available through our Services, but not directly by us, are those of their respective authors,
and should not necessarily be relied upon. Such authors are solely responsible for such
content.
12. Content Posted by You
As a Member, you may be able to post content, including uploading videos, photos and
providing reviews of Members. You are solely responsible for the content that you publish
or display (hereinafter, “post”) using our Services, or transmit or display to other Members.
You will not post on the Website or Service, or transmit or display to other Members, any
defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any material that infringes
or violates another party’s rights (including, but not limited to, intellectual property rights,
and rights of privacy and publicity). By posting Content using our Services, you
automatically grant, and you represent and warrant that you have the right to grant, to us,
our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute
such information and content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize sublicenses of the
foregoing. You further represent and warrant that public posting and use of your content
by us will not infringe or violate the rights of any third party.13. Customer Service
We may provide assistance and guidance through our customer care representatives.
Telephone calls between you and our customer care representatives may be recorded for
quality assurance purposes. If we feel that your behavior towards any of our customer care
representatives or other employees is at any time threatening or offensive, we reserve the
right to immediately terminate your membership and you will not be entitled to any refund
of unused subscription fees.
14. Modification to Services
We reserve the right at any time to modify or discontinue, temporarily or permanently, our
Services (or any part thereof) with or without notice. You agree that we shall not be liable
to you or to any third party for any modification, suspension or discontinuance of our
Services. Notification of changes to our Services may be posted within your Member
profile, on the Website or communicated through our Services.
15. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes their rights
under U.S. Copyright law. You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights. Without limiting the
foregoing, if you believe that your work has been copied and posted on the Website or used
in any of our Services in a way that constitutes copyright infringement, please contact us
immediately at mdc@marchdrumcorps.org.
16. Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right,
but not the obligation, to monitor disputes between you and other Members.
17. Privacy and Communications
Use of our Services is also governed by our Privacy Policy. When you become a Member,
you agree and consent to receive email messages from us. These emails may be
transactional or relationship communications relating to our Services, such as
administrative notices and service announcements or changes, or emails containing
commercial offers, promotions or special offers from us. Please see our Privacy Policy for
more information regarding these communications.
18. Links
Our Services may provide, or third parties may provide, links to other websites or
resources. Because we have no control over such sites and resources, you acknowledge and
agree that we are not responsible for the availability of such external sites or resources,
and do not endorse and are not responsible or liable for any content, advertising, productsor other materials on or available from such sites or resources. You further acknowledge
and agree that we shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with the use of, or reliance upon,
any such Content, goods or services available on or through any such site or resource.
19. U.S. Export Controls
Software from this Website (the “Software”) is further subject to United States export
controls. No Software may be downloaded from the Website or otherwise exported or re-
exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a national or resident of
any such country or on any such list.
20. Arbitration and Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MarchDrumCorps.org HAVE AGAINST
EACH OTHER ARE RESOLVED.
You and marchdrumcorps.org agree that any claim or dispute at law or equity that has
arisen or may arise between us relating in any way to or arising out of this or previous
versions of the Terms of Use, your use of or access to our Services, or any products or
services sold or purchased through our Services, will be resolved in accordance with the
provisions set forth in this Section (“Agreement to Arbitrate”).
a. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws
of the State of Virginia, without regard to principles of conflict of laws, will govern this
Agreement and any claim or dispute that has arisen or may arise between you and
marchdrumcorps.org, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate
You and marchdrumcorps.org each agree that any and all disputes or claims that have
arisen or may arise between you and marchdrumcorps.org relating in any way to or arising
out of this or previous versions of the Terms of Use, your use of or access to
marchdrumcorps.org’s Services, or any products or services sold, offered, or purchased
through marchdrumcorps.org shall be resolved exclusively through final and binding
arbitration, rather than in court. Alternatively, you may assert your claims in small claims
court, if your claims qualify and so long as the matter remains in such court and advances
only on an individual (non-class, non-representative) basis. The Federal Arbitration Act
governs the interpretation and enforcement of this Agreement to Arbitrate.1. 2. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND marchdrumcorps.org AGREE THAT EACH OF US MAY BRING CLAIMS
AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING. UNLESS BOTH YOU AND MarchDrumCorps.org AGREE OTHERWISE,
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR
PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED
BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT
OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an
arbitration award is very limited. However, an arbitrator can award the same damages
and relief on an individual basis that a court can award to an individual. An arbitrator
should apply the terms of this Agreement as a court would. All issues are for the
arbitrator to decide, except as prohibited by law.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under
its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable),
as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org
or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision
shall not be construed to prohibit more than one arbitrator from presiding over an
arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside
over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail,
written Notice of Dispute (“Notice”). The Notice must include a description of the nature
and basis of the claims the party is asserting and the relief sought. The Notice to
marchdrumcorps.org should be sent to Ben Liebman, MARCH DRUM CORPS, INC., 3521 W
Coral Key, Virginia Beach, VA 23452, United States. marchdrumcorps.org will send any
Notice to you to the physical address we have on file associated with your
marchdrumcorps.org account; it is your responsibility to keep your physical address up to
date.
If you and marchdrumcorps.org are unable to resolve the claims described in the Notice
within 30 days after the Notice is sent, you or MarchDrumCorps.org may initiate arbitration
proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at
www.adr.org. In addition to filing this form with the AAA in accordance with its rules and
procedures, the party initiating the arbitration must mail a copy of the completed form to
the opposing party. You may send a copy to marchdrumcorps.org at the following address:
Ben Liebman, MARCH DRUM CORPS, INC., 3521 W Coral Key, Virginia Beach, VA 23452,
United States. In the event MarchDrumCorps.org initiates an arbitration against you, it will
send a copy of the completed form to the physical address we have on file associated withyour MarchDrumCorps.org account. Any settlement offer made by you or
marchdrumcorps.org shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another
mutually agreed location. If the value of the relief sought is $10,000 or less, you or
marchdrumcorps.org may elect to have the arbitration conducted by telephone or based
solely on written submissions, which election shall be binding on you and
MarchDrumCorps.org subject to the arbitrator’s discretion to require an in-person hearing,
if the circumstances warrant. In cases where an in-person hearing is held, you and/or
marchdrumcorps.org may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law,
including recognized principles of equity, and will honor all claims of privilege recognized
by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different
users, but is bound by rulings in prior arbitrations involving the same marchdrumcorps.org
user to the extent required by applicable law. The arbitrator’s award shall be final and
binding and judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
3. 4. 5. Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be
governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If
the value of the relief sought is $10,000 or less, at your request, MarchDrumCorps.org
will pay all filing, administration, and arbitrator fees associated with the arbitration.
Any request for payment of fees by marchdrumcorps.org should be submitted by mail
to the AAA along with your Demand for Arbitration and MarchDrumCorps.org will
make arrangements to pay all necessary fees directly to the AAA. In the event the
arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you
agree to reimburse MarchDrumCorps.org for all fees associated with the arbitration
paid by marchdrumcorps.org on your behalf that you otherwise would be obligated to
pay under the AAA’s rules.
Severability. With the exception of any of the provisions in Section 1 of this
Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-
Individualized Relief”), if an arbitrator or court decides that any part of this Agreement
to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate
shall still apply. If an arbitrator or court decides that any of the provisions in Section 1
of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and
Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this
Agreement to Arbitrate shall be null and void. The remainder of the Agreement will
continue to apply.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision
in this Agreement to the contrary, you and we agree that if we make any amendment
to this Agreement to Arbitrate (other than an amendment to any notice address or site
link provided herein) in the future, that amendment shall not apply to any claim that
was filed in a legal proceeding against MarchDrumCorps.org prior to the effective date
of the amendment. The amendment shall apply to all other disputes or claims
governed by the Agreement to Arbitrate that have arisen or may arise between youand marchdrumcorps.org. We will notify you of amendments to this Agreement to
Arbitrate by posting the amended terms on the Website or within our Services at least
30 days before the effective date of the amendments. If you do not agree to these
amended terms, you may close your account within the 30 day period and you will not
be bound by the amended terms.
c. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is
found not to apply to you or to a particular claim or dispute, either as a result of your
decision to opt out of the Agreement to Arbitrate or as a result of a decision by the
arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise
between you and MarchDrumCorps.org must be resolved exclusively by a state court
located in Virginia Beach, Virginia. You and MarchDrumCorps.org agree to submit to the
personal jurisdiction of the courts located within Virginia Beach, Virginia for the purpose of
litigating all such claims or disputes.
21. Release and Indemnification
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE MEMBERS OR OTHER
USERS OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN
MEMBERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY
THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT
WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU
HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE marchdrumcorps.org
AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER
RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS,
LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER
KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE
CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND OUR
SERVICES.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MARCHDRUMCHORPS.org AND
OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER
RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”)
HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE
INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF
THE WEBSITE, OUR SERVICES OR OTHERWISE RELATING TO THE BUSINESS WE
CONDUCT (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL
COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER
MEMBER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR
POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY
SERVICES OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR
SERVICES OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE,
INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF
THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BYYOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU
SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY
CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE
DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION
BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR
WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
22. Commercial Release
By using the Service, you hereby authorize us and our agents, successors and assigns to
photograph and/or videotape and/or record you and/or your voice(s) without restriction
and to utilize such photographs/videos and/or voice transcriptions or recordings for any
commercial purpose, including, but not limited to, advertising, promotion, and marketing of
our Services, without further compensation whatsoever of any kind as a result of such use.
23. Taxes
You are responsible for collecting and paying your own taxes due if and when applicable.
We are unable to provide you with tax advice and you should consult your own tax advisor.
A. European Union
In the event that the sale or delivery of a product or service in the European Union is
subject to any value added tax (“VAT”), under applicable law, we will collect and remit the
VAT to the competent tax authorities for sales of such products or services as required by
law. You will indemnify and hold MarchDrumCorps.org harmless against any and all claims
by any tax authority for any underpayment of VAT, and any penalties and/or interest
thereon.
B. All Other Countries
For sales in countries other than the European Union, You are responsible for remitting the
taxes to the appropriate taxing authority (which may be different to the tax authority in
your own location).
C. Foreign Currency
We will default the sale currency to US dollars. The currency of any transaction will match
the sale currency displayed to you through our Services. You cannot change your displayed
currency. Each foreign currency conversion is processed at a foreign currency conversion
rates used by our credit card merchant providers. Currency conversion rates will vary from
time to time. We may, in our sole discretion, round up or round down the sale price to the
nearest whole functional base unit in which the sale currency is denominated (e.g. to the
nearest dollar, euro or other supported currency). Some currencies are denominated in
large numbers. In those cases, we may determine the functional base unit in which those
currencies are denominated to be 10, 100 or 1,000 of the currency.24. Miscellaneous
If either party does not enforce any right or remedy available under this Agreement, that
failure is not a waiver of the right or remedy for any other breach or failure by the other
party. Our waiver of any requirement in any one instance is not a general waiver of that
requirement and does not amend this Agreement. If any part of this Agreement is held
invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly
as possible to reflect the original intentions of the parties and the rest of this Agreement
remains in full force and effect. The provisions of this Agreement that are contemplated to
be enforceable after the termination of this Agreement, including, without limitation
Sections 4, 7, 10, 20, 21 & 22, shall survive termination of this Agreement. This Agreement,
including the documents referenced herein, contains the entire agreement between you
and us regarding the use of the Website and/or our Services. This Agreement is binding on
the parties hereto and their successors and assigns.
Please contact us at mdc@marchdrumcorps.org with any questions regarding this
Agreement.
BY FILLING OUT AN APPLICATION, YOU INDICATE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.