Terms & Conditions
Terms of Use
Last updated: September 1, 2026
wendikirbymusic.com · info@wendikirbymusic.com
Agreement to Our Legal Terms
We are Wendi Kirby Music LLC ("Company," "we," "us," "our"), a company registered in the State of California, located at 550 Hartnell Street, Suite F, Monterey, California 93940.
We operate the website wendikirbymusic.com (the "Site"), as well as Piano Freeology, our online piano membership and studentship program, and any other related products and services that refer or link to these legal terms (collectively, the "Services").
You can contact us by email at info@wendikirbymusic.com or by mail to Wendi Kirby Music LLC, 550 Hartnell Street, Suite F, Monterey, California 93940.
These Legal Terms constitute a legally binding agreement between you and Wendi Kirby Music LLC concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to make changes or modifications to these Legal Terms at any time. We will alert you about changes by updating the "Last updated" date. Your continued use of the Services after any revised Legal Terms are posted constitutes your acceptance of those changes.
Table of Contents
1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Prohibited Activities
5. User Generated Contributions
6. Contribution License
7. Services Management
8. Term and Termination
9. Modifications and Interruptions
10. Governing Law
11. Dispute Resolution
12. Corrections
13. Disclaimer
14. Limitations of Liability
15. Indemnification
16. User Data
17. Electronic Communications, Transactions, and Signatures
18. Miscellaneous
19. Contact Us
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services include: the wendikirbymusic.com website; the Piano Freeology year-long online piano studentship membership; live online sessions, workshops, and retreats; educational content, recordings, and membership hub materials; private piano lessons and coaching services; and Music Center event space and team building services at 550 Hartnell Street, Suite F, Monterey, California.
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, musical compositions, recordings, and curriculum materials in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
For permissions requests, please contact: info@wendikirbymusic.com
3. User Representations
By using the Services, you represent and warrant that:
• You have the legal capacity and agree to comply with these Legal Terms
• You are not a minor in the jurisdiction in which you reside
• You will not access the Services through automated or non-human means
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
4. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use and enjoyment of the Services
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services
• Harass, annoy, intimidate, or threaten any of our employees or agents
• Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavor without our express written permission
• Record, copy, or share any live session, workshop, or retreat content without prior written permission from Wendi Kirby Music LLC
5. User Generated Contributions
The Services may provide you with the opportunity to create, submit, post, display, transmit, or otherwise make available content and materials to us or on the Services, including but not limited to text, writings, audio, photographs, comments, suggestions, or personal information (collectively, "Contributions"). Contributions may be viewable by other users of the Services.
By submitting any Contributions, you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose without acknowledgment or compensation to you.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of these terms, any third party's intellectual property rights, or applicable law.
6. Contribution License
You and the Services agree that we may access, store, process, and use any information and personal data that you provide and your choices. By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
7. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
8. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice to you.
10. Governing Law
These Legal Terms shall be governed by and defined following the laws of the State of California, United States. Wendi Kirby Music LLC and you irrevocably consent that the courts of Monterey County, California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
11. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Binding Arbitration
If the parties are unable to resolve the dispute through informal negotiation, the dispute shall be finally resolved by binding arbitration. The arbitration shall take place in Monterey County, California. The language of the proceedings shall be English. The governing law shall be the substantive law of the State of California.
Restrictions
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions
The parties agree that the following disputes are not subject to arbitration: (a) any disputes seeking to enforce or protect intellectual property rights; (b) any dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
12. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
13. Disclaimer
The Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access to and use of the Services, any unauthorized access to or use of our secure servers and/or any personal information stored therein, or any bugs, viruses, or other harmful code which may be transmitted to or through the Services by any third party.
14. Limitations of Liability
In no event will Wendi Kirby Music LLC or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising.
15. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services.
16. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
17. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
18. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
19. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Wendi Kirby Music LLC
550 Hartnell Street, Suite F
Monterey, California 93940
United States
wendikirbymusic.com