TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”, “Terms”) govern the website use, located at www.barryjgreen.com, and/or provision of Music and Arts Services (“Service”, “Services”) by Barry Green (“Barry”, “us”, “we” or “our”).
These Terms constitute a binding legal agreement between you, an individual user or a single entity (collectively or individually “Users” or “you”), and Barry Green regarding your use of the Service.
Your use of Services from Barry Green shall be deemed to constitute acceptance of the Terms and Conditions contained herein. If you do not accept and agree to these Terms, do not use the Website or any of the Services provided herein.
We reserve the right to modify these Terms at any time, in which case, we will post the revised version on the Website. At all times, the most current version of our Terms and Conditions shall supersede and replace all prior versions.
GENERAL INFORMATION
Singer, Songwriter, Music Arranger and Vocal Coach, Barry Green utilizes his expertise and experience in the Music and Entertainment Industry to provide Music Artists with tools and resources to support the growth and cultivation of their craft and careers.
Music and Arts Services include Vocal Coaching, Performance Coaching, Vocal Audition Prep, Vocal Production and Arranging, Music Ministry Development and Live and Studio Sessions. Users are able to inquire of session availability and schedule an appointment directly on the Website.
Unless otherwise specified in writing, the Service is not for resale. We reserve the right at all times and without notice to restrict and/or terminate your access to the Service (or any portion thereof) and modify or discontinue providing the Service (or any portion thereof).
CERTIFICATIONS
The nature of each Service is to provide information, advice, guidance, and resources within the music industry. Users understand that there is no implied or stated guarantee of success or effectiveness of individual sessions, series of appointments or any other form of engagement with us. You acknowledge that we are not a substitute for legal, financial, medical or psychological care or treatment and that you will always use discretion and careful consideration when using our Services.
COMMODITIES
All Services and features are exclusively created by and made available through this site. Reselling of any material is strictly prohibited.
Services may have limited quantities or availability.
We reserve the right to modify the contents of this site at any time, including but not limited to descriptions or pricing of Services. We reserve the right to discontinue any Service or feature at any time.
We reserve the right to limit the sale of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
The information provided on this Website is for general information purposes and use only. Every endeavor is made to keep the Service information complete and correct; however, you are responsible for ensuring the Service you purchase is suitable for your specific requirements. For personalized Service and recommendations, please note any advice given by us will be based on the information you provide at the time of inquiry and therefore we will only be responsible for advice per that information.
Occasionally, there may be information on our site, or in the Service provided, that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law.
Any offer for any Service made on this site is void where prohibited.
FEES AND PURCHASES
Some aspects of the Website may require you to pay a fee; the details of which are available in various areas of the Website that feature the ability to purchase features or Services. You agree to pay all fees and applicable taxes. We may revise the pricing for Services or features offered through the Website at any time. Unless otherwise noted, all currency references are in United States Dollars (USD).
All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase information for all purchases made from us.
SCHEDULE CHANGES, CANCELLATIONS AND REFUNDS
All scheduled changes and cancellations must be received in writing. Contact us to make changes to a scheduled session.
We reserve the right to decline a session change or reschedule request from those who frequently and inconsiderately alters or cancels their appointments.
As a courtesy to Barry, we request a minimum of 24 hours notice be given to us to reschedule a confirmed appointment. No refunds will be provided for any paid and confirmed appointments; however, upon our discretion, prepaid payments will be used toward a rescheduled appointment time.
In the event a Barry is unable to perform the Service due to an injury or illness, act of God or other cause beyond our control, we will make every effort to secure a replacement. If a suitable replacement can not be provided, we will recommend a rescheduled session or cancel the session and will take the responsibility to return all payments received.
RESTRICTED AND PROHIBITED USES
USER: You represent that you are 18 years or older, and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.
The minimum age allowed for participating in any Service is 8 years old. Children under the age of 18 are not authorized to process submissions on our Website. A parent or guardian must give permission for session participation and is expected to remain present for the duration of each session.
TIME ZONE: All indicated times refer to Eastern Time (ET).
WEBSITE: Without limiting anything set out elsewhere in these Terms, you may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Barry Green, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined solely by us, may harm Barry Green or Users of the Website or expose them to liability.
You also agree not to:
- Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose.
- Use any device, software or routine that interferes with the proper working of the Website.
- Disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Delete or alter any Website content.
- Otherwise attempt to interfere with the proper working of the Website.
IMAGE AND LIKENESS RELEASE
It is understood that by using our Services, you grant us the right and permission to use your (including participants) name, facility, likeness, image, voice and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Barry Green. You agree that we have complete ownership of such material and can use said material for any purpose consistent with our mission. These uses include, but are not limited to videos, publications, advertisements, news releases, websites and any promotional or educational materials in any medium. You acknowledge that you will not receive any compensation for the use of such images, videos, likeness, etc.
It is your responsibility to articulate this information to participants.
If you do not wish to be captured in any way, please notify us prior to the confirmed session. If you do not voice this concern, you consent to being captured as described above.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on this Website are owned by Barry Green and other third parties. No license or right to use any Marks contained on this Website is granted, whether by implication or otherwise and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.
You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials provided by Barry Green.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.
- If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the site is transferred to you and all rights not expressly granted are reserved by Barry Green. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
- If you wish to make any use of material on the Website other than that set out in this section, contact us.
LINKED SITES
The Website may contain links to other independent third party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control and we are not responsible for, and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Any dispute you have with any carrier, service provider, third party service or other third party arising from your use of the Website, is directly between you and such third party and you irrevocably release Barry Green (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) or every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
SECURITY
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in its sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other violation of these Terms, we may, in our sole discretion, declare you to be in breach of these Terms, suspend, block and/or terminate your use of the Website and/or seek prosecution to the fullest extent of the law.
INDEMNITY AND RELEASE
You hereby agree to indemnify, defend and hold Barry Green, its agents, suppliers, licensees, content providers, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach or alleged breach by you of these Terms and/or Privacy Policy and/or any use by you of the Service or any element or component thereof.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, Privacy Policy and/or any use by you of the Service.
We do not represent or warrant that the information on the Website is accurate, complete or current. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.
The content presented on or through the Website is made available for general information purposes only and may include materials provided by third parties, including other Users, bloggers, third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any third party materials, and all articles and responses to questions and other content, other than the content provided by Barry Green, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Barry Green. You hereby acknowledge that we are not responsible or liable to you, or any third party, for the content or accuracy of any materials on the Website, including, without limitation, materials provided by any third parties.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
You expressly agree that the use of the website is at your sole risk. The Website and all information, content, materials, products and other services included on or otherwise made available to you through the Website are provided on an “as is” and “as available basis”, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the Website, or the information, content, materials, products or other services included on or otherwise made available to you through the Website, unless otherwise specified in writing.
To the full extent of permissible by applicable law, we disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Barry Green or through the Website, will create any warranty not expressly stated herein.
We do not warrant that the Website, information, content, materials, products or other services included on or otherwise made available to you through the Website will be uninterrupted or free of errors, viruses or other harmful components and does not warrant that any of the foregoing will be corrected.
You understand and agree that your using, accessing, downloading or otherwise obtaining information, materials or data through the Website or any reference sites is at your own discretion. If your use of the Website or any element or component thereof results in the need for service to, or replacement of, equipment or data, Barry Green is neither responsible nor liable for those costs. If you are dissatisfied with the Website or any element or component thereof, or with any of the terms and conditions of these Terms or Privacy Policy, your sole and exclusive remedy is to discontinue accessing and using the Website.
In the event you transmit, introduce or otherwise cause any technical disruption to the Website, you agree to be responsible for any and all liabilities and costs and expenses (including attorney’s fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions. “Technical disruptions” include, but are not limited to, uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website.
GOVERNING LAW
Your use of the Service and any controversy, claim or dispute relating thereto, shall be governed in all respects by the laws of the State of New York. Your use of the Service may also be subject to other local and state laws. Any dispute shall be resolved solely in the state or federal courts located in New York, to whose jurisdiction and venue you hereby expressly consent.
In addition, you hereby waive the right to bring or participate in any claim against Barry Green as a class action, consolidated, multi-district, or collective action, or private attorney general action. If Barry prevails against you in any arbitration or proceeding concerning our Terms or our Privacy Policy, we shall be entitled to recover our legal costs, including attorneys’ fees, in addition to all other available legal and equitable relief.
CUSTOMER CARE
If you have any questions about these Terms, our practices or your engagements with this Service, please contact us using the form below.
Updated February 18, 2025