Terms and Conditions — The Port Authority Music Export Academy

The Port Authority Music Export Academy Terms and Conditions

THESE TERMS AND CONDITIONS GOVERN A PARTICIPANT'S USE OF AND ACCESS TO THE SERVICES OFFERED BY THE PORT AUTHORITY MUSIC EXPORT ACADEMY. BY EXECUTING A PARTICIPATION AGREEMENT, OR BY USING THE SERVICES, A PARTICIPANT AGREES TO THESE TERMS AND CONDITIONS.

Admissions & Application Process

Participants must be accepted by The Port Authority Music Export Academy before signing a Participation Agreement. To be accepted, the participant must complete the application and pay the application fee. Participants must be issued an official Acceptance Letter before completing the Participation Agreement process.

Eligibility

Participants must be 18 years or older as of the date of their application to apply and participate in the Port Authority Music Export Academy.

Program Time Commitment

The Port Authority Music Export Academy is scheduled to meet virtually for three hours on the following dates:

Sept. 13, 2023 | Session 1: Kick-off Session
Oct. 4, 2023 | Session 2: Building a Business in the US
Oct. 25, 2023 | Session 3: Forging US Partnerships
Nov. 8, 2023 | Session 4: Sync, Collaborate, and Listen
Dec. 6, 2023 | Session 5: Stand Out in the American Market
Jan 10, 2024 | Session 6: On the Road in the US
Jan 31, 2024 | Session 7: Final Presentations of Export Plan

There won’t be any opportunity to make up a session if a participant misses one, and sessions will not be recorded.

The Port Authority Music Export Academy reserves the right to reschedule any session at any time with or without notice.

Pre-Enrollment Information

Before completing a Participation Agreement, the participant should review the following information provided by The Port Authority Music Academy: description of programs and courses, admissions and participation policies, program fees information, cancellation, withdrawal, refund information, and services provided by The Port Authority Music Export Academy. Participants much accept and agree to all terms and conditions for participation at The Port Authority Music Export Academy.

Participation Agreement

The Participation Agreement is an agreement for services provided by The Port Authority Music Export Academy. Execution of a Participation Agreement by participant or the participant’s authorized representative is the sole means by which a participant may enroll in The Port Authority Music Export Academy and access or use the services provided by The Port Authority Music Export Academy. To maintain enrollment, the Participation Agreement must be signed by the participant, or an authorized representative of such participant, and by an authorized representative of The Port Authority Music Export Academy. The Participation Agreement is a legally binding agreement and is effective as of the date it is signed by both parties.

Tuition & Fees Payment Policy

After a participant registers for The Port Authority Music Export Academy, an invoice will be generated and given to the participant for payment. The program fee can be paid by credit card or electronic funds. The participant hereby authorizes The Port Authority Music Export Academy to charge all program fees to any credit card provided by the participant. A $30 service fee will be charged for all electronic funds transfers. The fee must be paid in full, or entered into an approved payment plan, before September 10, 2023 to ensure participation.

Non-Refundable Fees

Applicants must pay the USD $45.00 application fee. This fee is non-refundable.

Participants must pay the USD $4,999 full program fee. This fee is non-refundable, subject to the cancellation and withdrawal provisions of these terms and conditions. If the participant withdraws from the program before the third session, they will receive a 25% refund. After the third session begins, there will be no refunds. Requests for refunds by a participant that withdraws for circumstances beyond the reasonable control of such participant will be subject to the determination of The Port Authority Music Export Academy in its sole discretion in each instance.

Cancellation Period & Withdrawal

The Port Authority Music Export Academy provides a five (5) day cancellation period from the date a Participation Agreement is signed by a participant. If a participant requests to cancel such participant’s Participation Agreement and notifies The Port Authority Music Export Academy within five (5) days of signing the Participation Agreement, The Port Authority Music Export Academy will refund the full program fee, except for the USD $45 Application Fee. If a participant requests to withdraw from the program after the five (5) day cancellation period and before beginning the third session, 25% of the program fee will be refunded but not the USD $45.00 Application Fee.

A participant may request cancellation of or withdrawal from participant’s participation in The Port Authority Music Export Academy program only in accordance with these terms and conditions.

Obligations of Participant

A participant must meet all admissions requirements before signing a Participation Agreement, meet all financial obligations within the Participation Agreement, and follow cancelation and withdrawal procedures as applicable. The Port Authority Music Export Academy will undertake reasonable efforts to adhere to all services listed as outlined on our website, and required of the Participation Agreement. The Port Authority Music Export Academy will provide a certificate of program completion promptly after completion of the program.

No Guarantees

The Port Authority Music Export Academy does not give any guarantee as to any particular aspect of or a participant’s participation in the program. A participant's sole remedy for any dissatisfaction with the program or any other services offered by The Port Authority Music Export Academy is to cease participating in the program or to cease using such other services, as the case may be.

DISCLAIMER AND LIMITATION ON LIABILITY

THE PORT AUTHORITY MUSIC EXPORT ACADEMY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED ACCESS OR PARTICIPATION, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE PORT AUTHORITY MUSIC EXPORT ACADEMY DOES NOT REPRESENT OR WARRANT THAT (1) THE SERVICES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF ANY PARTICIPANT, (2),THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (3) THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE, (4) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS, (5) ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (6) THE SERVICES WILL RESULT IN SALES, OTHER BUSINESS OPPORTUNITIES, OR ANY OTHER SPECIFIC SUCCESS OR BENEFICIAL ACHIEVEMENT.

THAT THE PLATFORM WILL RESULT IN SALES OF ARTWORK FOR YOU OR RESULT IN SPECIFIC SUCCESS OR OTHER BENEFICIAL ACHIEVEMENT

WITHOUT LIMITING THE FOREGOING, (1) PARTICIPANT UNDERSTANDS THAT SUCH PARTICIPANT MAY COME ACROSS MATERIAL THAT SUCH PARTICIPANT FINDS OFFENSIVE OR INAPPROPRIATE WHILE USING THE SERVICES. THE PORT AUTHORITY MUSIC EXPORT ACADEMY MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. THE PORT AUTHORITY MUSIC EXPORT ACADEMY IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF CONTENT MADE AVAILABLE TO ANY CONTACT THAT IS MADE AVAILABLE TO PARTICIPANTS THROUGH THE SERVICES AND THE PORT AUTHORITY MUSIC EXPORT ACADEMY IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY TO ANY PARTICIPANT REGARDING ANY SUCH CONTENT; AND (2) PARTICIPANT UNDERSTANDS THAT THE PORT AUTHORITY MUSIC EXPORT ACADEMY DOES NOT SCREEN PARTICIPANTS AND THE PORT AUTHORITY MUSIC EXPORT ACADEMY WILL NOT BE RESPONSIBLE IN CONNECTION WITH ANY PARTICIPANT’S INTERACTIONS WITH ANY OTHER PARTICIPANT OR OTHER INDIVIDUAL, EITHER ONLINE OR IN PERSON, IN CONNECTION WITH THE SERVICES. PARTICIPANT HEREBY RELEASES THE PORT AUTHORITY MUSIC EXPORT ACADEMY FROM ALL LIABILITY RELATING TO PARTICIPANT’S INTERACTIONS WITH OTHER PARTICIPANTS AND OTHER INDIVIDUALS, WHETHER ONLINE OR IN PERSON.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE PORT AUTHORITY MUSIC EXPORT ACADEMY, NOR ANY OF ITS AFFILIATES AND LICENSEES (INCLUDING THIRD PARTY SERVICES), AND ALL OF THE FOREGOING’S RESPECTIVE PARENTS, AFFILIATED ENTITIES, AGENTS, OFFICERS, DIRECTORS, OWNERS, AND EMPLOYEES WILL BE LIABLE TO PARTICIPANT FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS AND CONDITIONS, HOWEVER CAUSED AND REGARDLESS OF LEGAL THEORY OR FORESEEABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, PERSONAL INJURY, PROPERTY DAMAGES, NEGLIGENCE, WARRANTY, OR STRICT LIABILITY, DIRECTLY OR INDIRECTLY ARISING UNDER THESE TERMS (INCLUDING HAVING NO RESPONSIBILITY FOR THE ACTIONS OF OTHER USERS), INCLUDING, WITHOUT LIMITATION, PARTICIPANT’S USE OF THE SERVICES OR THIRD PARTY SERVICES, EVEN IF THE PORT AUTHORITY MUSIC EXPORT ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT WILL THE PORT AUTHORITY MUSIC EXPORT ACADEMY’S AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, EXCEED THE GREATER OF USD $100.00 OR THE AMOUNT PARTICIPANT PAID THE PORT AUTHORITY MUSIC EXPORT ACADEMY IN THE TWELVE MONTHS PRIOR TO THE DISPUTE ARISING.

Third Party Services

The services offered by The Port Authority Music Export Academy may interoperate with one or more several third-party sites and services, including [Google, PayPay, Facebook, Stripe] (collectively, “Third Party Services”), and some of the services provided by The Port Authority Music Export Academy are dependent upon the availability of such Third Party Services. If at any time any Third Party Services cease to provide availability to The Port Authority Music Export Academy, The Port Authority Music Export Academy may cease to provide such features to participants without entitling such participants to refund, credit, or other compensation. In order to use the features of the services related to the Third Party Services, participants may be required to register for an account with such Third Party Service. If any terms or policies of any Third Party Services conflict with these terms and conditions, the terms or policies of the applicable Third Party Service will apply solely as to the use of that Third Party Service.

Participant’s acknowledge and agree that participant’s use of some Third Party Services is subject to participant’s acceptance of the terms of use, privacy policy, and all other terms or policies of applicable Third Party Service. Participant understands The Port Authority Music Export Academy does not control the terms, conditions, and privacy policies offered by Third Party Services, including, without limitation, how a Third Party Service manages personal information, charges participant for their services, and how and when Third Party Services modify or amend their own terms of service, privacy policies, and other terms and policies. The Port Authority Music Export Academy encourages participant to review all terms offered by a Third Party Service prior to using its services. Notwithstanding anything to the contrary contained herein, participant acknowledges and agree that it is solely participant’s responsibility to verify participant’s ability to purchase, cancel, or obtain a refund for a Third Party Service, and The Port Authority Music Export Academy is not liable to participant for any inability to obtain a refund from or through a Third Party Service. Participant’s use of all Third Party Services is at participant’s own risk and The Port Authority Music Export Academy is not responsible for any damages or other losses participant may incur through using any Third Party Service.

The services offered by The Port Authority Music Export Academy may contain links to third-party content for the convenience of users, for advertising purposes, or for other functions related to The Port Authority Music Export Academy’s general business activities. Such links may not even be posted by The Port Authority Music Export Academy, but instead posted by users of the services. The Port Authority Music Export Academy, or any participant, linking or embedding third-party content within the services does not imply an advertisement of endorsement of any good, service, product, or otherwise by The Port Authority Music Export Academy. The Port Authority Music Export Academy is not responsible for any such linked content and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any such information, or the quality of such products and services.

Complaint Policy

If a participant has a complaint or grievance towards The Port Authority Music Export Academy, they must submit a "Formal Participant Complaint Form" in full. A Port Authority Music Export Academy staff member will initiate an investigation to assess the participant's grievance or complaint.

Force Majeure

If The Port Authority Music Export Academy fails to fulfill its obligations hereunder (other than an obligation for the payment of money), when such failure is due to an act of God, or other circumstances beyond such party’s reasonable control, including fire, flood, hurricane, earthquake, plague, epidemic, pandemic, civil commotion, riot, war (declared and undeclared), terrorism, revolution, or embargoes (each, a “Force Majeure Event”), then such failure will be excused for the duration of such event and for such a time thereafter as is reasonable to enable The Port Authority Music Export Academy to resume performance under these terms and conditions or any other related agreement, provided however, that if any such Force Majeure Event lasts for more than sixty (60) consecutive days, either party may terminate these terms and conditions or any other related agreement.

Governing Law

These terms and conditions are governed by and will be construed in accordance with the laws of the State of New York, without regard to its conflicts of laws provisions. Any legal action or proceeding arising under these terms and conditions must be brought exclusively in the federal or state courts located in New York, New York, and the parties hereby consent to the personal jurisdiction and venue therein.