Terms Of Service “Terms And Conditions”

Carefully read the Terms of Service before using throga.com or any materials provided by Throga, LLC or The Vocal Gym, LLC (Throga). By using Throga, you agree to be bound by the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use you should not use Throga.

1 We agree to provide you access to Throga in accordance with the Terms of Use.

2 You agree that any emails submitted to Throga can be added to Throga’s email lists for educational and promotional purposes with the right to unsubscribe at any time.

3 You agree to use Throga in a manner consistent with any and all applicable rules and regulations.

4 You accept that Throga is provided on an “as is, as available” basis.

5 All articles, content, and material displayed by Throga are for information only and are not substitutes for specific advice.

6 Your access to and use of Throga may be terminated at any time for any reason or for no reason by you or by us.

7 We may for marketing purposes collect, process and transmit data obtained from and about you in the course of your accessing Throga.com.

8 You are authorized to download one copy of the material on Throga.com for your personal, non-commercial use only, but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.

9 Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on Throga.com without our prior consent in writing. No intellectual property or other rights shall be transferred to you.

10 REFUND POLICY: All sales in relation to Throga memberships, subscriptions and product purchases are final. No refunds or ‘credit’ of any kind will be offered for returned or unused products and/or services for any reason.

11 CANCELLATION POLICY: Cancellations of any memberships or services can be made at any time, following the details outlined by selected services (such as private lessons), by logging in to your account or or upon request via the Contact page. 

12 To the extent that portions of Throga.com (such as “messages”, “assignments”m “chat rooms”, “bulletin boards”, “blogs”, or “articles”) provide users an opportunity to post and exchange information, files (including, but not limited to MP3, MP4, PDF, DOC, ZIP and TXT), ideas and opinions (“Postings”), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW ALL POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for such postings or for any losses or expenses resulting from their use and/or appearance on Throga.com.

13 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THROGA OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

14 We reserve the right to monitor, edit or remove any and all materials posted on Throga.com and related websites, which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use.

15 You hereby represent and warrant that you have all necessary rights in and to all postings you provide and all material they contain and that such postings shall not infringe any proprietary or other rights of third parties.

16 Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.

17 The Terms of Use contain the entire understanding between us with respect to Throga and no representation, statement, inducement oral or written, not contained herein shall bind either of us.

18 Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

19 This Agreement is governed by the laws of the State of New York, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate THROGA and/or its affiliates’ intellectual property rights, Throga and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Genesee County (NY). Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Genesee County (NY), under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.