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Terms of Use

Last updated on April 15, 2024

This website, kimandkimpiano.com, together with kimandkim.mykajabi.com, drkimpiano.com and jeeyoonkim.com  (collectively “Website”) is owned and operated by Jeeyoon Kim operating under the laws of the United States. In these Terms, “we”, “us” and “our” refer to Jeeyoon Kim (Kim and Kim Piano Academy), and the terms “Client”, “you” or “your” refer to any individual user of our Website.

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Website or purchasing or accessing any of our courses,  services, products and free or paid offerings, including but not limited to Kim & Kim Piano Academy, Summer Piano Intensive©, The Secrets of Memorizing Music©.

When you accessed our Website and/or any of our Offerings, you acknowledge and agree that you were given reasonable notice that these Terms existed. By accessing and continuing to use our Website or Offerings, or by clicking to accept or agree to these Terms when the option is made available to you, you expressly agree to be bound and abide by these Terms, and our Privacy Policy, whether or not you have chosen to read them. If you do not agree with these Terms or our Privacy Policy, you must immediately discontinue use and access of our Website and Offerings.

While we aim to keep our Website as up-to-date as possible, we cannot guarantee that all content on our Website is entirely accurate, complete, or up-to-date. We reserve the right at any time to modify or discontinue, in whole or in part, any Offering or prices for any Offering on our Website, without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of any Offering.

If you wish to have any of your personal information and/or access to our Website removed, you may email us at info[at]kimandkimpiano.com and we will make reasonable efforts to do so. More information about how we collect, process, and store your personal information can be found in our Privacy Policy.

COURSE USE AND CONSENT

When you purchased or opted-into any Offering on our Website, you were given reasonable notice that these Terms of Use existed. By purchasing and accessing any Offering you implicitly agree to abide by these Terms of Use, confirm you are aware of any disclaimers, and acknowledge and agree to our Privacy Policy.

By purchasing or accessing any Offering, you further warrant to us that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing our Offering if you are a minor is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor.

FEES & REFUNDS

All fees are listed on our Website in USD. We reserve the right to change our fees at any time and without notice to you.

Refund Policy

Unless otherwise stipulated in separate Program Terms & Conditions, we have a no refund policy because of the extensive time, effort, preparation and care that goes into creating and providing Kim & Kim Piano Academy Programs. You acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you. By using and/or purchasing our Programs, you understand and agree that all sales are final and no refunds will be provided.

Acknowledgment and Media Release

Kim & Kim Piano Academy may, in its sole discretion, record any or all coaching sessions hosted as part of any of the Offerings. You specifically acknowledge and understand that coaching sessions conducted as part of any Offering may be recorded, and such recordings may be used, for any and all commercial purposes, including being sold as part of any future Offering provided by Kim & Kim Piano Academy, and/or for its marketing and promotional purposes.  By purchasing any Offering, you agree and grant us a commercial license to use any image(s) and or video recording(s), including any containing captured by Kim & Kim Piano Academy, or any other third party without prior notice or payment of any royalties to you of any kind.

Client Conduct

While Client is allowed to express their opinion regarding any Offerings and Kim & Kim Piano Academy, should Client make any false or disparaging comments within the any community group, to other community members, or otherwise publicly speak negatively about Kim & Kim Piano Academy, Jeeyoon Kim, Anthony Do-Hoon Kim and/or any other members of Kim & Kim Piano Academy or its Offerings, Client may be removed from the community board. Kim & Kim Piano Academy strives to create a safe, positive, fruitful, and productive environment and community. In order to preserve community standards and experience for other members, a customer who cannot abide by this may lose their access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in access to the Offering being revoked, in Kim & Kim Piano Academy’s sole discretion and all communities, with no refund provided to Client. 

SECURITY

Security

If at any time you are required to create a username and password to access any Offering, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to info[at]kimandkimpiano.com.

Use of Third-Party Applications

In order to run our Website and provide our Offering we use a number of third-party applications. For example, we use Kajabi to host our Offerings and we use a number of other third-party applications, such as for processing payment, delivering electronic newsletters, booking systems. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Website, please discontinue use of our Website and Offering immediately.

Your Communication with Us

By submitting a comment, photo, video or other materials to our Website, platform we use to provide the Offering or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so.  You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Website or purchasing any Offering and we reserve our right to disclose your participation in the Offering.

Any communications made through our contact form, blog comments, membership community, social media pages, Facebook groups or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our Website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business, including testimonials without providing any payment or additional services and Client understands he or she is granting Kim & Kim Piano Academy an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Kim & Kim Piano Academy as part of a Testimonial. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Offering as a result of any such behavior that we deem inappropriate.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk

Use of this Website and Offering(s) is at your own risk. While we host our Offerings on Kajabi and our Website on a reputable platform and take other commercially reasonable efforts to maintain and host the Website, we make no representations, warranties, or guarantees as to your individual safety when using our Website. You further assume all risk associated with your access to and use of any information or materials provided to you on the Website, Offerings, or any other pages, platforms, or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties Disclaimer

We make no warranties as to our Website, the Offering, or any related materials. You agree that our Website and Offerings are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantees

While we may reference certain results, outcomes or situations on this Website or in any of our Offerings, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Website or as part of the Offering.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Website and/or any  Offering, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable.

Earnings Disclaimer

You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Offering with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Website or your purchase or participation in any Offering.

Third-Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Website and Offering. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Website will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Website or Offering are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website, Offering or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

Release, Indemnity and Waiver

Our Website, Offering(s) and related materials are provided for educational and informational use only. You agree to indemnify release and save harmless Kim & Kim Piano Academy and its directors, officers agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of your use of our Website, Offering(s) or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Website or any Offering(s). You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring legal action on your behalf in the future.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Website or the Offering. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Website and Offering.

Affiliates

We may use affiliate links to sell certain products or Offering on our Website. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Website or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site.

INTELLECTUAL PROPERTY

Intellectual Property

Client agrees and understands that Kim & Kim Piano Academy has created numerous original, creative works including all content, resources, charts, email content, graphics, workbooks, copy for websites and sales pages, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered) and other service marks (“Intellectual Property”), and agrees that Kim & Kim Piano Academy maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included on the Website or in any Offering, whether created prior to working with Client or specifically for Client.

Any and all Intellectual Property that you access as part of any Offering and/or through our Website or related domain are and will continue to be wholly owned by Kim & Kim Piano Academy. 

Limited License

When you purchase or opt-in to any Offering, you receive a limited, non-transferable, non-exclusive, royalty-free license for your non-commercial purposes only to access the content or materials provided to you by us as part of the Offering and to use selected materials provided in their own business, but understands that the original proprietary rights remain with Kim & Kim Piano Academy. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Kim & Kim Piano Academy to Client, nor grant any license to use the information, other than that which is expressly permitted by Kim & Kim Piano Academy.

Client agrees and understands they may not copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Kim & Kim Piano Academy or obtained through working with Kim & Kim Piano Academy, without Kim & Kim Piano Academy’s express written consent. If such behavior is discovered or suspected, Kim & Kim Piano Academy reserves the right to immediately end Client’s access to the Offering without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

Client understands that by accessing or purchasing any Offering, they are gaining access to view all content and information available as part of the Offering, as well as any additional information or content shared with them by Kim & Kim Piano Academy as it sees fit. The Client understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by Kim & Kim Piano Academy. As a “Licensee,” Client understands and agrees that Client will not: 

  1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through any Offering without written permission by Kim & Kim Piano Academy;
  2. Post, distribute, copy, steal or otherwise use any portion of the Offering or its content, or information obtained via other members in the group Offering without written permission by Kim & Kim Piano Academy, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
  3. Claim any content created by Kim & Kim Piano Academy as part of the Offering or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Kim & Kim Piano Academy was Client’s work, and use in his/her business as his/her own. 
  4. Share purchased materials, information, content with others who have not purchased them.
  5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and US laws.

Non- Disclosure 

Client understands that by participating in any Offering, they are receiving the benefit of obtaining expert and exclusive guidance, teachings, Intellectual Property and exercises that have been developed by Kim & Kim Piano Academy. By purchasing any Offering, Client will have gained access to various trade secrets and Intellectual Property of Kim & Kim Piano Academy, including but not limited to materials such as mindset guidance, written templates, verbal guidance, modules, technical information, copywriting advice, and/or other information that is made available to Client. Client understands and acknowledges that this information is not to be shared or disseminated, without express written permission from Kim & Kim Piano Academy or Jeeyoon Kim and Anthony Do-Hoon Kim personally. 

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend, and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and the enforcement of our rights.

SUMMER PIANO INTENSIVE PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees that these Terms of Use govern their purchase and use of Summer Piano Intensive by Kim & Kim Piano Academy. Upon purchase, SPI will be provided to the program, to be completed over an 3-week period. As outlined on the sales page, SPI include the following 5 modules:

  1. Chapter 1: What is Mindful Practicing?
    • Motivation 101
    • Time management for your practice 
    • How to stay organized 
    • Environment Setup for the best outcome 
  2. Chapter 2: Deep Dive into How to Practice Smarter, not Harder
    • Score Study 
    • Finger Numbers 
    • The Art of Slow Practicing  
    • Surgical Practicing - Isolating Problem Areas
    • Linking Transitions
    • Release Points
    • Effective Ways to Practice Repetition 
    • Visualize and Cover
    • How to Use Metronome to Your Advantage
    • Musicianship Skills 
    • Rhythm Exercises to Overcome Fast Passages 
    • Backwards Numbers - How to Memorize Efficiently
    • Ways to Practice Performing  
  3. Chapter 3: Practice Away From Piano 
  4. Chapter 4: How to Make Your Practice 
  5. Chapter 5 : How It All comes Together 

 

  • Modules: Kim & Kim Piano Academy will make available five (5) modules, to be made available upon scheduled dates. Client will go through the modules in order, with the rest of the class, to make for a collaborative learning environment. These modules are intended to release proprietary information created by Kim & Kim Piano Academy for the personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in SPI.

  • Community Board Access: Client will also be granted access to a private group on the Community Board within the website. Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, Kim & Kim Piano Academy reserves the right to remove Client from any such Community Board group and other similar community, in order to preserve the experience for the rest of Kim & Kim Piano Academy’s clients.  
  • Live Zoom Sessions: Clients will be granted access to three live Zoom Session. In case clients can not make the live sessions, Kim & Kim Piano Academy will provided recorded videos after the live sessions. Client agrees to use common sense when posting or responding to others’ in the group in Zoom, and agrees to refrain from posting any negative or unnecessary comments. Should Client post or comment anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, Kim & Kim Piano Academy reserves the right to remove Client from the Zoom class and other similar community, in order to preserve the experience for the rest of Kim & Kim Piano Academy’s clients.   

Client has carefully read this Outline and acknowledges that they are aware of what is, and what is not included in SPI. Client is aware that the Outline includes EVERYTHING included within the SPI. If Client expected additional information, products, services, or other information to be provided in this Offering but does not see it here, Client understands it may not be included.Kim & Kim Piano Academy is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to the SPI Outline Addendum without the express written consent of Kim & Kim Piano Academy. 

By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this SPI Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Kim & Kim Piano Academy in order to feel appropriately informed about the specific Offering being provided. Client acknowledges and accepts the strict no refund policy as set out in these Terms.

Kim & Kim Piano Academy Summer Piano Intensive PAYMENT DETAILS AND PAYMENT PLAN OPTION

  1. Client understands the cost of the Piano Intensive is payable in full, or via a payment plan option, which Client will select at the time of purchase: 
  2. The Piano Intensive: A one-time payment of five hundred, twelve U.S. dollars ($512) payable up front, in full. 
  3. Client agrees to render payment via credit card onKim & Kim Piano Academy’s sales and checkout page for SPI. Client understands they are responsible for the full payment and agrees to pay the sum requested electronically, via Kim & Kim Piano Academy’s Website or a designated third-party payment processor of Kim & Kim Piano Academy’s choosing, in full. 

 

GENERAL

Termination of Your Use

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Website, access to Offering(s) and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Website and Offering at any time without notice, and if necessary, block your IP address from further visits to our Website.

Full Agreement

You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Website and any of our Offerings including but not limited to Kim & Kim Piano Academy, Summer Piano Intensive©, The Secrets of Memorizing Music©.

Governing Law and Jurisdiction

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of the United States and the federal laws of US where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the United States.

Severability

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

All Rights Reserved

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Website and/or Offering affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms of Use and/or our Privacy Policy are expressly reserved by us.

Contact
If you have any questions about these Terms of Use, please send an email to info[at]kimandkimpiano.com