Terms of Use

Important Information
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

These Terms and Conditions of Use (the “Terms of Use”) apply to My Perfect Pitch web site located at http://www.myperfectpitch.mobi, and all associated sites linked to http://www.myperfectpitch.mobi by Keller Research Intl (the “Web Site”).

BY USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE.

We reserve the right, at any time, to modify, alter, or update these Site Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web Site.

Your Registration Obligations

In consideration of your use of the Web Site, you agree: (a) that any information you are prompted to provide us about yourself (such as during registration or purchase) shall be accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that that such information provided is inaccurate, not current or incomplete, we have the right to suspend or terminate any and all current or future uses of our Web Site (or any portion thereof).
In addition, MyPerfectPitch.mobi content is not directed at children under thirteen years of age, and by providing information about yourself to MyPerfectPitch.mobi, you are representing that you are thirteen years of age or older. If you are younger than thirteen years of age and would like to become a registered member of or provide information about yourself to the MyPerfectPitch.mobi Web site, you are required to have your parent or legal guardian contact MyPerfectPitch.mobi at support@oreilleabsolue.mobi prior to use.

Licenses and Site Access

Subject to these Site Terms, we grant you a limited license only to make personal use of the Web Site. You may not, without limitation: (a) make any resale or commercial use of the Web Site or its content; (b) make any derivative use of the Web Site or its content; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Web Site. Except as expressly stated in the Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or to any patent, trademark, copyright, or proprietary right of MyPerfectPitch.mobi or any third party. Elements of the Web Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part.

You may not use, frame or utilize framing techniques to enclose any MyPerfectPitch.mobi trademark, logo or other proprietary information (including the photographs and images found at the Web Site, the content of any text, audio/visual programming and/or the layout or design of any page of the Web Site) without MyPerfectPitch.mobi’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing the name, trademark, or product name of MyPerfectPitch.mobi without its express written consent.

Any unauthorized use of the Web Site will terminate the permission or license granted by the Site Terms, may violate copyright, trademark and other laws, and subject you to legal action.

Acceptable Conduct

The Web Site may include various interactive areas, including chat functions and bulletin boards. These forums may be used only for non-commercial purposes. By using any forum or interactive area, you agree not to do any of the following:
▪ Upload to, distribute or otherwise publish through the Web Site any text, message, data, photograph, image, graphic, information, audio/video file or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading or otherwise objectionable;
▪ Upload to, distribute or otherwise publish through the Web Site any Content that would convey expressions of bigotry, prejudice, racism, sexism, hatred or profanity;
▪ Upload to, distribute or otherwise publish through the Web Site any Content that would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
▪ Upload to, distribute or otherwise publish through the Web Site any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any Content that you do not have the lawful right to distribute and reproduce;
▪ Upload to, distribute or otherwise publish through the Web Site any Content that may contain any viruses, Trojan horses, worms, time or logic bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
▪ Impersonate any person or entity, including, but not limited to, a MyPerfectPitch.mobi employee, officer, director, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
▪ Without MyPerfectPitch.mobi’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

We do not undertake responsibility or assume liability for any Content posted or uploaded by you or any third-party who may be engaged in a consulting, sponsorship, endorsement or other relationship with MyPerfectPitch.mobi, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or Content provided by our users in any public forum or interactive area (such as a chat room or bulletin board) in the Web Site. This means that you, and not MyPerfectPitch.mobi, are entirely responsible for all Content that you upload, post or otherwise transmit via the Web Site.

Enforcement

We reserve the right, but are not obligated, to monitor any activity and Content associated with any public forums and interactive areas, or any other areas on the Web Site. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. We reserve the right and have absolute discretion to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to cooperate with governmental requests, to protect MyPerfectPitch.mobi’s systems or customers, or to ensure the integrity and operation of MyPerfectPitch.mobi’s business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. MyPerfectPitch.mobis’ right to disclose any such non-confidential or non-privileged information shall govern over any terms of MyPerfectPitch.mobi’s Privacy Policy.

Only A Forum

The public forums and interactive areas on the Web Site act as the venue for users to post their own Content. We do not and cannot review all Content posted, uploaded or transmitted to the Web Site, and are therefore not responsible for such Content, regardless whether such Content is posted by you or any third-party who may be engaged in a consulting, sponsorship, endorsement or other relationship with MyPerfectPitch.mobi. You acknowledge that MyPerfectPitch.mobi is merely acting as a passive conduit for the distribution of any Content you may post and is not undertaking any obligation or liability relating to any such Content. Please use caution and common sense when using our Web Site.

License and Idea Submission

You agree to grant to MyPerfectPitch.mobi a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit to the Web Site by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against MyPerfectPitch.mobi for any alleged or actual infringement or misappropriation of any proprietary right in any Content you submit to us.

Your Indemnification and Release

You shall remain solely liable for the Content you post, upload or transmit to MyPerfectPitch.mobi, including the public forums and interactive areas on the Web Site. You agree to indemnify and hold harmless MyPerfectPitch.mobi, including its subsidiaries, divisions and affiliates, as well as their respective directors, officers, employees and agents, from any claim, action, demand, loss, expense or damages (including attorneys’ fees and related costs) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release MyPerfectPitch.mobi (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Privacy

Please review our privacy policy.

Copyright

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of MyPerfectPitch.mobi or of other owners used with their permission.

Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of MyPerfectPitch.mobi or its divisions used herein are trademarks or registered trademarks of MyPerfectPitch.mobi. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

Links to Third Party SitesThere are links throughout the Web Site that will let you leave our Web Site. These links are provided as a courtesy only, and the sites they are linked to are not under the control of MyPerfectPitch.mobi in any manner whatsoever. Therefore, MyPerfectPitch.mobi is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. MyPerfectPitch.mobi is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by MyPerfectPitch.mobi of the site and/or any of its content therein.

Price and Payment

You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a purchase is made. We reserve the right to institute new fees or charges effective upon prior notice to you. If payments that cannot be charged via PayPal are returned to us for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by MyPerfectPitch.mobi.
Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). MyPerfectPitch.mobi reserves the right to change prices for Products offered on the WebSite at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
All Sales are final, if not explicitly defined in the description of the Product. Once the download instructions and details are issued, they cannot be cancelled. Exceptions to the refund policy are handled on a case-by-case basis and only granted when emergency or extenuating circumstances exist.

Unaccepted Circumstances
We generally do not refund or exchange in these circumstances:
Refund for part of a bundle.

Accepted Circumstances
You purchased a wrong product, and then purchased the right product from MyPerfectPitch.mobi.
The product has fatal technical problems, and our technical support team failed to provide a fix or work-around within one month.
Once your refund is issued, please:
1. Remove all the files of the course from your computer and (or) any MP3 device you’ve used.
2. Send us back a USB flash-drive if you purchased a USB flash-drive version of the product.
Disclaimer
THE WEB SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MyPerfectPitch.mobi DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MyPerfectPitch.mobi DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MyPerfectPitch.mobi DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
MyPerfectPitch.mobi SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE WEB SITE, OR THE PERFORMANCE OF ANY PRODUCTS YOU MAY PURCHASE ON OR THROUGHOUT THE WEB SITE, EVEN IF MyPerfectPitch.mobi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MyPerfectPitch.mobi WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA.

Termination
Notwithstanding any of the Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Web Site, and to block or prevent future access to and use of the Web Site.

Severability
If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Indemnity
You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of MyPerfectPitch.mobi

Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to MyPerfectPitch.mobi, 13 rue Alphonse Daudet, 06560 Valbonne or by email at support@oreilleabsolue.mobi. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MyPerfectPitch.mobi during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.