Terms and Conditions

 

Terms of Service

Last updated: March 19, 2021

1.) Your subscription is month to month, and you can cancel at any time. There is no cancellation fee. “You will be billed every month after your initial subscription date.” We also recognize that some months have more days than others, so you might not be billed on the same day each month. Login to your account to view your next bill date. 

2.) The digital file will only be available to our active paying customers. If you cancel or if your subscription is suspended, you will no longer have access to our digital files.

3.) Digital subscription products are non-refundable. If there is a quality related issue with the digital file, we will re-send one to the email address that we currently have on file. Only active paying customers will be able to receive this file. 

4.) Hacked accounts will be taken seriously. If you believe your account has been hacked, please contact us at: customersupport@hiremydj.com

5.) You must provide us with an order number that matches the current email for your account. To delete your account, send us an email stating that you would like to do so along with your first and last name, and the email address that we have on file.

6.) We upload one new fitness party every month between the 20th and the 1st of each month. The fitness digital downloadable files are a minimum of 30 minutes.

7.) By subscribing to our fitness services, you have confirmed that you are in good medical standing to participate in our program or have consulted with your health professional prior to starting the program.

8.) To ensure that you won’t be billed for the following month, log in to your account and cancel at least 72 hours before your next billing date.

9.) If we believe that there is suspicious activity with your account, we reserve the right to cancel your account without warning and block your IP (Internet Protocol) Address.

10.) If our attempt to bill your account is unsuccessful, we may use any other payment methods that you have on file. If we can’t bill the payment methods that you have on file, we reserve the right to cancel or suspend your account.

11.) Our Terms and Conditions may change occasionally so feel free to check our website for updates.

12.) If we decide to change our subscription prices, we will notify you immediately.

13.) Your subscription will never expire unless you cancel.

14.) By opting in to our monthly subscription program, you give us the right to contact you via email, telephone, or mailing address.

15.) Discount codes must be applied before the purchase to receive a discount.

Please read this Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.hiremydj.com Website (the “Website”) operated by Hire My DJ LLC, a(n) Limited Liability Company formed in Ohio, United States (“us”, “we”, “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our Stuff

Hire My DJ’s proprietary content, including videos, designs, text, graphics, pictures, information, Services, data, software (and the selection and arrangement thereof) logos, and code (collectively, the “Site Materials”) are all property of Hire My DJ and are protected by intellectual property laws, and except as permitted under these Terms, Hire My DJ expressly reserves all right, title, and interest in and to the content and services of the Site and Site Materials, aggregate data, and reports, and all processing, analytics, and other software and technology used by Hire My DJ in the analysis of User Content (as defined below) and/or the provision of the Site, including, without limitation, any derivatives, improvements, enhancements, or extensions thereof conceived, reduced to practice, or otherwise developed on or on behalf of  Hire My DJ, all of which are valuable assets of Hire My DJ, and any copyright, patent, trademark, or any other intellectual property right, or federal or state right, pertaining thereto.

UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE SITE OR SITE MATERIALS BY YOU IS PROHIBITED.

Important Information about Children

The Children’s Online Privacy Protection Act (“COPPA”) (https://www.ftc.gov/tips-advice/business- center/guidance/complying-coppa-frequently-asked-questions) requires that online service providers obtain parental (or legal guardian) consent before they collect personally identifiable information online from children who are under 13. Company’s Site does not target children, and is not intended to be used by children without involvement and approval of a parent or guardian. Therefore, we only knowingly collect personal information through the Services from a child under 13 where that parent or guardian (or a student’s school, district, and/or teacher has agreed to obtain parental/guardian consent for that child) to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a child or student under 13, please do not send any personal information about yourself to us if your parent, guardian, school, district, and/or teacher has not provided this prior consent to us, and please do not send any personal information other than what we request from you in connection with the Site. If we learn we have collected personal information from a child or student under 13 without parental/guardian consent being obtained or if we learn a child under 13 has provided us personal information beyond what we request from them for the Site, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at customersupport@hiremydj.com

Parents and legal guardians, if your child is under the age of 13, consent may need to be given in order for such child to use certain features of the Site. You are responsible for understanding how the Site you use, subscribe to, make available, and/or distribute on behalf of yourself or other users may collect and use information of users of Company’s Site. If you are the parent or legal guardian of a child who has created a User Account with us and you did not receive an email seeking your consent, you can email us at customersupport@hiremydj.com to have that child’s User Account deleted.

If you are a school, district, company, or educator, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or legal guardians whose children under 13 will be accessing the Site. You are responsible for understanding how the Services you use, subscribe to, make available, and/or distribute on behalf of yourself or other users may collect and use information of users of Company’s Site. When obtaining consent, you must also appropriately provide parents and legal guardians with our privacy policy. You must keep all consents on file and provide them to us if we request them. If you are an educator, you represent and warrant that you have permission and authorization from your school, company, and/or district to use the Site as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school, company, and/or district. Upon termination of a teacher or other staff member’s employment with any school, company, and/or district, such individual must return and cease using all login details and student access they have in their possession.

Electronic Communications

By accessing the Site and submitting to us your contact information, you consent to receiving electronic communications from us. Such communications may include notices about your User Account and information concerning or relating to the Site. You agree that any electronic notices, signatures, acknowledgements, transfers, agreements, disclosures, or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.

Copyright Issues

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

If you believe that anything on our Site infringes upon any copyright you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

  • Name of Agent Designated to receive notification of claimed infringement: Compliance Officer
  • Full address of Designated Agent to which notification should be sent: Hire My DJ LLC 12500 Shaker Blvd #204 Cleveland, Ohio 44120
  • E-Mail Address of Designated Agent: customersupport@hiremydj,com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Our offers and pricing

We offer goods and digital products on this Website. The price of these goods and digital products can be found listed on the Website. This price includes all applicable taxes and other fees.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. We allow you to make purchases using the following third party payment processors: PayPal and First Data Payeezy. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: MasterCard and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the goods and digital products offered on our Website. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. 

We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on physical purchases only made on our Website. We do not offer refunds on digital products or digital subscriptions. To qualify for a refund on physical products, you must submit your request to us within 30 days of your purchase date by contacting us and via the Website or customersupport@hiremydj.com

We offer refunds on  the physical products offered on our Website for the following reason(s) only: wrong description and the wrong product that was provided. Please note that we do not offer refunds for any other reasons other than those listed above.

You are not required to ship your purchased goods back to us to receive a refund.

 The following products are not eligible for refunds or returns: electronic software downloads or digital downloads. 

Refunds and Returns.

Refunds or returns, for whatever reason, if available for the product or service ordered, of any payment to be received by you may take place using the same method of payment you chose during the check- out procedure. Company, including any of its authorized vendors or affiliates, will not be responsible for any delays or conditions beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer or delays in shipment or delivery.

Generally, we are not able to approve a return for a non-defective item, and some items are not returnable in any case, due to their nature. Please do not open the product if you do not plan to keep the item you purchased. If you desire to return an opened product, we typically cannot take it back. If an exception is made, we reserve the option to charge a fifteen percent (15%) restocking fee.

For any returns, we do not credit back any shipping charges paid on the original order and do not pay or reimburse for any return shipping back to us.

Shipping policy

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.

We offer free shipping on all goods.

We or a third party will ship the goods to you within a reasonable time from the date that you made your purchase.

Advance payments

We may ask you to provide an advance payment on any purchase made of the goods and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the goods and digital products.

We will issue you a refund of the advance payment that you made if we cancel.

We will issue you a refund of the advance payment that you made if you cancel.

WARRANTY ON PURCHASES

WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF GOODS:

  • GOODS WILL BE OF SATISFACTORY QUALITY;
  • GOODS WILL MATCH THE DESCRIPTION;
  • GOODS WILL REMAIN AT OUR RISK UNTIL THEY ARE DELIVERED TO YOU.

WE OFFER THE FOLLOWING WARRANTY ON PURCHASES OF DIGITAL PRODUCTS: DIGITAL PRODUCTS WILL BE OF SATISFACTORY QUALITY.

EXCEPT AS STATED ABOVE, NO OTHER WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE GOODS AND DIGITAL PRODUCTS DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be replacement. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through their account on the Website.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Hire My DJ LLC or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE ARE PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL HIRE MY DJ LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF HIRE MY DJ LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF HIRE MY DJ LLC.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2020 Hire My DJ LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Hire My DJ LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Hire My DJ LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Hire My DJ LLC at customersupport@hiremydj.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Hire My DJ LLC
customersupport@hiremydj.com
12500 Shaker Blvd #204
Cleveland, Ohio 44120
UNITED STATES

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Cuyahoga County, Ohio.

YOU AND HIRE MY DJ LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at customersupport@hiremydj.com.

1.) Your subscription is month to month, and you can cancel at any time. There is no cancellation fee. “You will be billed every month after your initial subscription date.” We also recognize that some months have more days than others, so you might not be billed on the same day each month.  

2.) The digital file will only be available to our paying customers. If you cancel or if your subscription expires, you will no longer have access to our digital files.

3.) Digital subscription products are non-refundable. If there is a quality related issue with the digital file, we will re-send one to the email address that we currently have on file. Only paying customers will be able to receive this file.

4.) Hacked accounts will be taken seriously. If you believe your account has been hacked, please contact us at: customersupport@hiremydj.com

5.) You must provide us with an order number that matches the current email for your account. To delete your account, send us an email stating that you would like to do so along with your first and last name, and the email address that we have on file.

6.) We upload one new fitness party every month between the 20th and the 1st of each month. The fitness digital downloadable files are a minimum of 30 minutes.

7.) By subscribing to our fitness services, you have confirmed that you are in good medical standing to participate in our program or have consulted with your health professional prior to starting the program.

8.) To ensure that you won’t be billed for the following month, log in to your account and cancel at least 72 hours before your next billing date.

9.) If we believe that there is suspicious activity with your account, we reserve the right to cancel your account without warning and block your IP (Internet Protocol) Address.

10.) If our attempt to bill your account is unsuccessful, we may use any other payment methods that you have on file.

11.) Our Terms and Conditions may change occasionally so feel free to check our website for updates.

12.) If we decide to change our subscription prices, we will notify you immediately.

13.) Your subscription will never expire unless you cancel.

14.) By opting in to our monthly subscription program, you give us the right to contact you via email, telephone, or mailing address.

15.) Discount codes must be applied before the purchase to receive a discount.

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