Terms & Conditions

Last Updated June 2023

Welcome to the website operated by Top Clef Publishing (“us”, “we”, “our”). By accessing and using our website (“site”, “website”), you agree to comply with and be bound by the following terms of service (“terms”, “terms of service”). The term “you” refers to the user or viewer of our website.

Conditions of Use & Privacy Policy:

Before using our website and its services, we kindly ask you to carefully read and understand the following terms. Your continued use of our website signifies your acceptance and agreement to be bound by these terms. It is important to review our privacy policy, which explains our practices regarding the collection of user data. By using our website, you acknowledge that you have read, understood, and agreed to our terms and privacy policy.

Site Content and Ownership Rights:

The content provided on this website is intended for general informational and educational purposes. While we strive to ensure the accuracy, currency, and completeness of the information presented on this website, we make no warranties or representations of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on the information provided on this website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

The content on this website may be subject to change without notice. We do not guarantee that the information provided on this website is up to date or free from errors.

All the graphics, documents, publications, articles, posts, and any other contents and services found on this Site are solely owned by Top Clef Publishing and protected by copyright law and any other applicable intellectual property rights. The names, trademarks, servicemarks, and logos of Top Clef Publishing appearing on this Site may not be used in any advertising or publicity, or otherwise, to indicate Top Clef’s sponsorship or affiliation with any product or service, unless otherwise expressly permitted by Top Clef Publishing. This Site, and any of its Contents and Services, are not for resale. Your use of this Site and its contents and services does not entitle you to resell any of its Contents and Services or otherwise attempt to commercially benefit from Top Clef’s Content and Services without the express written agreement of Top Clef Publishing. Your access, visitation, and use of this Site constitutes your acceptance of these Terms and Conditions.

Communication & Email Marketing:

If you subscribe to our email list, we will periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. You may unsubscribe from our email list at any time directly from the email we send you via MailChimp or by contacting us.

Some of our free content downloads may require you to enter your email address. By providing us your email address you are agreeing to receive periodic promotional emails from us. You may unsubscribe at anytime directly from the email or by contacting us.

Free Note Reading Exercises

The free note-reading exercises provided on our website are intended for personal and educational use only. They are NOT for sale or distribution without explicit permission from Top Clef Publishing.

Third Party Links:

This Site is comprised of various pages operated by Top Clef Publishing.  This Site may contain links to  articles, resources, and other businesses on the Internet. Those links are  provided as references and aids to help you identify and locate other Internet  resources that may be of interest, but are not intended to state or imply that Top Clef Publishing are in any way affiliated or associated with, endorse or support, or are legally authorized to use any third party’s trade  name, registered trademark, logo, legal or official seal, or any other copyrighted symbol that may be reflected in the links.

Purchase Links & Amazon Affiliate Disclosure:

Links to purchasing websites are Third Party Links and not managed by Top Clef Publishing. Top Clef Publishing has no responsibility for the content on these websites and is not a facilitator or involved with the sales transaction, processing, or delivery of product. Top Clef Publishing uses a third party on-demand printer (Kindle Direct / Amazon) that is the merchant of record and responsible for payment processing and shipping. You are subject to the third party’s return and exchange policies which Top Clef Publishing has no control over.

Please note that prices and promotions of products or services mentioned on this website are subject to change without prior notice. We strive to provide accurate and up-to-date information, but we cannot guarantee that all information on our website is error-free. In the event of discrepancies between the prices and information provided on our website and the actual prices and availability of products or services displayed on third party merchant websites, the latter shall prevail. We apologize for any inconvenience this may cause and encourage you to contact the third party merchant directly for the most current and accurate pricing and promotion details.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As a member of the affiliate program, we earn from qualifying purchases. ALL LINKS TO AMAZON FROM THIS WEBSITE MAY CONTAIN AN AFFILIATE ADVERTISING CODE.

Comments & Reviews:

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant us non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

Changes to Terms and Conditions:

Top Clef Publishing reserves the right in its sole discretion to modify, add, change, or delete portions of these Terms and Conditions at any time without advanced notice to you. Any  changes will be posted and your access, visitation, and use of the Site after the changes have been posted constitutes your acceptance of the new or revised Terms and Conditions. YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.

Disclaimer of Warranties:

OUR SITE IS PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) OUR SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN OUR SITE WILL BE CORRECTED.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.

Disclaimer of Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, you agree that Top Clef Publishing shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, Top Clef Publishing nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

TO THE FULLEST EXTENT PERMITTED BY LAW, TOP CLEF PUBLISHING IS NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR OUR PRODUCT OR SERVICES.

Dispute Resolution and Class Action & Jury Waiver:

Certain portions of this Section are deemed to constitute a “written agreement to arbitrate” under the Federal Arbitration Act. The parties acknowledge that this Section satisfies the “writing” requirement of the Federal Arbitration Act. In the event of any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of our Site (collectively, “Dispute”), both parties agree that the Dispute shall be resolved through confidential arbitration in Los Angeles, California. The arbitration shall be governed by the laws of the State of California, without regard to its choice of law principles. By using this Site, you consent to the jurisdiction and venue of the state and federal courts in California, waiving any defenses of lack of personal jurisdiction and forum non conveniens.

Arbitration under these Terms and Conditions shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding, and may be entered as a judgment in any court with jurisdiction. As permitted by applicable law, any claim or cause of action arising from your use of the Site must be filed within one (1) year after the claim or cause of action arose, or it shall be forever barred. Any claims, judgments, or awards will be limited to actual third-party, out-of-pocket costs incurred (if any), and attorneys’ fees will not be awarded or recoverable.

BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT BY A JUDGE OR JURY. WHILE YOU ARE ENTITLED TO A FAIR HEARING, ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN THE RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE IN THE SAME MANNER AS ANY COURT ORDER BUT ARE SUBJECT TO LIMITED REVIEW BY A COURT. ANY CLAIMS BROUGHT BY YOU OR US MUST BE IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

Severability & Non-Waiver:

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment:

If the ownership or control of the website and services changes as a result of a merger, acquisition or sale of assets, we may transfer your information to the new owner, subject to this policy or its then-current version.

Applicable laws (choice of venue and forum):

Use of this website shall in all respects be governed by the laws of the state of California, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the California courts located in Los Angeles County, California, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

Feedback, Questions, or Issues:

If you have any questions, suggestions, or concerns please contact us.