Acceptance of Terms
Welcome to New Artist Model www.newartistmodel.com and related properties (Website) which are published and maintained by: Frysh Entertainment Group, LLC, 23321 Gondor Drive, Lake Forest CA 92630 dba New Artist Model (“Company”).
We are no longer offering a 30 day money back guarantee on new purchases as of September 20, 2021.
Restrictions on Use
Any materials posted on the Website or in our emails that you copy, print, or download are licensed to you by Company for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or our emails, use of the Website, or access to the Website. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any course or offering (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Lifetime access to any course shall mean that the course is available to you for as long as it is present on the Website and on the Internet. Company reserves the right to discontinue service at any time and to refuse service to anyone at any time.
Memberships and Payment Plans
Some online courses and programs are offered via monthly payment plans or memberships. By signing up for a payment plan or membership, you are agreeing to complete all payments of the plan as offered. Once you complete the required payments for any program you will continue to have access to the program materials so long as they remain on the Website and on the Internet. Should you fail to complete all payments as agreed when you signed up for the plan, you will lose access to the program materials.
Any information you give to us may be passed to these and other third party companies involved in the delivery and operations of our Website and related properties. If you wish to understand the kind of information we store on your behalf, you can request to see a copy of that data, with the provision that we are given reasonable notice of such a request. You are also requested to retain copies of any promotional materials issued in relation to the provision of our services so that we can properly assist you in your request.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited email. We DO NOT allow any email harvesting. Any emails sent by Company will only be in connection with the provision of services and products that you request including online training, courses, ebooks and related materials and promotions and related third party affiliate offers that we think you might be interested in. You may Opt-Out of email communication at any time.
If you feel you have been contacted via email in error or have any questions about the TOU, please notify Customer Service at firstname.lastname@example.org
Public Communication, Email and Forum Conduct
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively “Content”) that you upload, post, email, transmit or otherwise make available on the Website. Company does not control the Content posted by you or others on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Company will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Website. You agree that you, or any Content you submit, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, a Company official, forum leader, instructor, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party: contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Website or any servers or networks connected to the Website, “stalk” or otherwise harass another person or entity; or collect or store personal data about other users. We do not pre-screen Content, and have no obligation to do so, but you acknowledge that we reserve the right, in our sole discretion to refuse or move any Content that is available via the Website. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable and to terminate your account if you violate any provision of this agreement. You acknowledge and agree that Company may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public.
Harassment or Intimidation
Sending of abusive or unwanted material causing the work or online experience of others to be disrupted is a violation of Company policies, may violate the law, and is unacceptable. Targeting another person or organization to cause distress, embarrassment, injury, unwanted attention, or other substantial discomfort is harassment, which is prohibited. Personal attacks or other action to threaten or intimidate or embarrass an individual, group, or organization; or attacks based on a person’s race, national origin, ethnicity, handicap, religion, gender, veteran status, sexual orientation, or another such characteristic or affiliation are prohibited.
Content Submitted or Made Available for Inclusion on the Web Site
Company does not claim ownership of Content you submit or make available for inclusion on the Website. However, with respect to Content you submit or make available on areas of the Website, you grant Company an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, in all languages, and to incorporate such Content into other works in any format or medium now known or later developed.
You acknowledge and agree that the Website and any necessary software used in connection with the Website (“Software”), as well as all course materials and content provided by Company, instructors, and/or third parties for the online courses (the “Course Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Website, Course Content, or other content is protected by copyright, trademarks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Course Content, or the Software, in whole or in part. You agree to only use the Software or Course Content for you own personal educational use and no other.
Company grants you a personal, non-transferable and non-exclusive right and license to use the object code version of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website, or any portion of the Website. You agree not to access the Website by any means other than through the interface that is provided by Company for use in accessing the Website.
You agree to indemnify and hold Company, and its directors, trustees, officers, employees, partners, agents, affiliates, and co-branders, including David Kusek, Dave Kusek or other partners, and other users, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of any third party.
Your correspondence or business dealings with, or participation in promotions of, third parties (companies, students, and other users) found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.
The Website may provide, or third parties may provide, links to other websites or resources. We do not monitor or review the content of other party’s websites which are linked to from the Website. Opinions expressed or material appearing on such third party websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of any other sites.
Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
If you create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Website by linking to it.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE AND RELATED ONLINE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU WILL NOT RELY ON ANY INFORMATION PROVIDED AS ALTERNATIVES TO LEGAL ADVICE FROM AN ATTORNEY OR FINANCIAL ADVICE FROM AN ACCOUNTANT.
- COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL LEAD TO EMPLOYMENT (iii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (vi) THE WEBSITE AND/OR THE COMPANY’S PROMOTIONAL MATERIAL WILL BE ACCURATE OR COMPLETE; AND (vii) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
- COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT LOSS OR LOSS OF BUSINESS OR PROFITS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ONLINE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ONLINE SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that Company, in its sole discretion and without prior notice to you, may terminate your registered account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Company may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Company may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate.
Company and Company trademarks, logos and product and service names are trademarks of Company. Without Company’s prior permission, you agree not to display the above or use in any manner.
Copyrights and Copyright Agent
Company respects the intellectual property of others, and we ask our users to do the same. You may notify Company by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this site:
- an electronic or physical signature of the person authorized to act on behalf of the Company of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright Company, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property Company or authorized to act on the copyright or intellectual property Company’s behalf.
Frysh Entertainment Group, LLC
23321 Gondor Drive
Lake Forest CA 92630
The TOU agreement and any posted operating rules constitute the entire agreement between you and Company and govern your use of the Website, superceding any prior agreements between you and Company with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign your rights under this Agreement to any third party.
The TOU and the relationship between you and Company shall be governed by the laws of the Commonwealth of Massachusetts, USA without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Boston, MA, USA. The failure of Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. Some minimum purchase amount may be required on certain discount coupon codes.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
We don’t believe in “get rich” programs – only in hard work, adding value, building a professional music career, and serving others with value and excellence. These online programs and resources are designed to help you with your career. As stipulated by law, though, we can not and do not make any guarantees about your ability to get results or earn any money with these ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? What we can guarantee is your satisfaction; we give you a 30-day 100% satisfaction guarantee, so if you are not happy for any reason with the quality of our online courses or classes, just ask for your money back. You must be aware that nothing on this page or in any of our content is a promise or guarantee of results or future earnings, and we do not offer any legal, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance; our content is for illustrative and educational purposes only. Always consult your accountant, lawyer or professional advisor before acting on this or any information. You alone are responsible and accountable for your actions in life, and there is always risk in trying anything new, so by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance. All of our terms for these online courses, classes, programs, resources and website can be accessed via the links below and in the footers of our sites. That’s why we also put disclaimers on all our pages, why we give you our contact information for any questions, and why we give you a 100% satisfaction guarantee.