Terms of Service

Terms of Service

Last updated: [current date]

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and Possibilities Unlimited International ("we," "us," or "our"), governing your access to and use of the website https://phatfunk.com and all associated services, courses, coaching programs, digital products, and memberships we offer (collectively, the "Services"). By accessing or using the Services, creating an account, making a purchase, or otherwise engaging with our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Services. Your continued use following any modification to these Terms constitutes acceptance of those changes.

2. Eligibility

You must be at least 18 years of age and possess the legal capacity to enter into a binding contract in your jurisdiction to use the Services. If you are accessing the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms. We do not knowingly collect personal information from children under 13 years of age. Our Services are not directed to children, and we comply with the Children's Online Privacy Protection Act (COPPA). If we learn that we have collected information from a child under 13 without verifiable parental consent, we will delete that information promptly. Parents or guardians who believe we may have collected information from a child under 13 should contact us immediately at phatfunk@msn.com.

3. Description of Services and Products

Possibilities Unlimited International provides music education services, including but not limited to online courses, one-on-one and group coaching programs, digital downloads (such as instructional materials, sheet music, and audio files), membership communities, workshops, and related educational content. The specific features, curriculum, duration, and delivery methods of each offering are described on the relevant product or service page. We reserve the right to modify, suspend, or discontinue any Service or product at any time, with or without notice, although we will make reasonable efforts to notify active participants of material changes. Access to certain Services may require completion of registration, payment of fees, or satisfaction of prerequisites. All descriptions, images, and promotional materials are subject to change and do not constitute a guarantee of specific outcomes or results.

4. Accounts and Registration

To access certain features of the Services, you must create an account by providing accurate, current, and complete information, including your name, email address, and phone number. You agree to update your information promptly if it changes. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to notify us immediately at phatfunk@msn.com of any unauthorized access or use of your account. We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent or harmful conduct. You may not transfer, sell, or share your account with any third party without our prior written consent.

5. Purchases, Pricing, and Payment

All prices for Services and products are stated in U.S. dollars and are subject to change at any time, although changes will not affect orders already confirmed. When you make a purchase, you agree to pay all applicable fees and taxes. Payment processing is handled by a third-party payment processor, and you agree to comply with their terms and policies. We do not store your full credit card or payment information. For subscription-based Services or memberships with recurring billing, you authorize us to charge your payment method automatically at each renewal interval (monthly, annually, or as specified) until you cancel. You are responsible for ensuring your payment method remains valid and current. Failure to pay may result in suspension or termination of access. Applicable sales, use, value-added, or other taxes will be added to your purchase as required by law. If you are a resident of the European Union or United Kingdom, you may have additional rights under the GDPR or UK GDPR, including the right to withdraw from a purchase within 14 days under certain circumstances, though this right may be waived if you request immediate access to digital content.

6. Refund and Cancellation Policy

All sales of digital products, courses, and coaching programs are final unless otherwise stated on the specific product page or required by applicable law. For subscription-based Services, you may cancel your subscription at any time through your account settings or by contacting us at phatfunk@msn.com. Cancellations will take effect at the end of the current billing period, and you will retain access until that time. No refunds or prorated amounts will be issued for partial billing periods unless required by law. If you are a California resident, you have the right under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) to request deletion of your personal information, and such requests will not result in discriminatory treatment, including denial of services or different pricing. Refund requests based on dissatisfaction, change of mind, or failure to use the Services will be evaluated on a case-by-case basis at our sole discretion. Requests must be submitted in writing to phatfunk@msn.com within [specify timeframe if known, otherwise: a reasonable time after purchase]. Chargebacks initiated without first contacting us may result in immediate termination of your account and loss of access to all Services.

7. Intellectual Property and License to Use

All content, materials, and intellectual property available through the Services, including but not limited to courses, videos, audio recordings, written materials, software, graphics, logos, trademarks, and the "look and feel" of the website, are owned by or licensed to Possibilities Unlimited International and are protected by United States and international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and content solely for your personal, non-commercial use in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download (except for temporary caching), store, transmit, sell, rent, lease, or sublicense any content from the Services without our prior written permission. You may not use any automated means (including bots, scrapers, or data mining tools) to access or collect content from the Services. Any unauthorized use terminates the license granted herein and may subject you to civil and criminal penalties.

8. User Content and Acceptable Use

Certain features of the Services may allow you to submit, post, or share content, including comments, questions, testimonials, reviews, photos, videos, or other materials ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating, promoting, and improving the Services. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third-party rights or applicable laws. You agree not to use the Services to: (a) violate any local, state, national, or international law; (b) infringe the intellectual property, privacy, or other rights of any third party; (c) transmit any harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable material; (d) impersonate any person or entity or misrepresent your affiliation; (e) distribute spam, viruses, malware, or other harmful code; (f) interfere with or disrupt the Services or servers; (g) attempt to gain unauthorized access to any part of the Services; or (h) engage in any conduct that could damage our reputation or business. We reserve the right to remove any User Content and terminate accounts that violate these Terms, without notice or liability.

If you publish testimonials, reviews, endorsements, or recommendations regarding our Services, you must disclose any material connection or compensation you have received from us, in compliance with the Federal Trade Commission's 16 CFR Part 255 guidelines. Failure to make such disclosures may result in removal of your content and termination of your account.

9. Third-Party Services and Links

The Services may contain links to third-party websites, services, or resources, including payment processors, social media platforms, affiliate partners, and other external sites. These links are provided for your convenience only. We do not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any third-party sites or services. Your interactions with third parties, including payment transactions, are solely between you and that third party. We encourage you to review the terms and privacy policies of any third-party services you access. You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services.

10. Disclaimers

THE SERVICES AND ALL CONTENT, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.

WHILE WE STRIVE TO PROVIDE HIGH-QUALITY MUSIC EDUCATION, WE DO NOT GUARANTEE SPECIFIC RESULTS, OUTCOMES, SKILL LEVELS, CAREER ADVANCEMENT, OR FINANCIAL SUCCESS FROM YOUR USE OF THE SERVICES. YOUR RESULTS WILL DEPEND ON NUMEROUS FACTORS, INCLUDING YOUR EFFORT, DEDICATION, PRIOR EXPERIENCE, AND CIRCUMSTANCES BEYOND OUR CONTROL. ANY TESTIMONIALS, CASE STUDIES, OR SUCCESS STORIES PRESENTED ARE NOT TYPICAL AND DO NOT GUARANTEE THAT YOU WILL ACHIEVE SIMILAR RESULTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POSSIBILITIES UNLIMITED INTERNATIONAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH YOUR CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Possibilities Unlimited International, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any rights of any third party, including intellectual property, privacy, or publicity rights; (d) your User Content; or (e) any breach of your representations and warranties set forth herein. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. This indemnification obligation will survive termination of these Terms and your use of the Services.

13. Term and Termination

These Terms commence on the date you first access or use the Services and continue until terminated by either party. You may terminate your account at any time by discontinuing use of the Services and contacting us at phatfunk@msn.com to request account closure. We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, fraudulent or illegal activity, non-payment, or conduct that we determine to be harmful to us, other users, or third parties.

Upon termination, your right to access and use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions. Termination does not relieve you of any obligations to pay fees or charges accrued prior to termination. We are not liable to you or any third party for any termination of your access to the Services.

14. Dispute Resolution and Governing Law

These Terms and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Before initiating any formal legal proceeding, you agree to first contact us at phatfunk@msn.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, either party may initiate formal proceedings.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in McLean County, Illinois, or remotely via videoconference if mutually agreed. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards such fees to the prevailing party as permitted by law.

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST US.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. For users located in the European Union or United Kingdom, you may have the right to bring disputes before the courts of your country of residence under the GDPR or UK GDPR. California residents may have additional rights under the CCPA/CPRA, including the right to bring actions for certain data breaches.

15. Changes to These Terms

We reserve the right to modify or update these Terms at any time, in our sole discretion, to reflect changes in our Services, legal requirements, or business practices. When we make material changes, we will update the "Last updated" date at the top of this document and may notify you by email (to the address associated with your account), through a notice on the website, or by other reasonable means. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services. We encourage you to review these Terms periodically to stay informed of any updates. For material changes that affect your rights, we may require your affirmative consent before the changes take effect.

16. Severability and Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent, or if such modification is not possible, it shall be severed from these Terms.

These Terms, together with our Privacy Policy and any additional terms or policies referenced herein or presented to you in connection with specific Services, constitute the entire agreement between you and Possibilities Unlimited International regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

Possibilities Unlimited International Darrell Looney 8 Smokey Court Bloomington, IL 61704 United States

Email: phatfunk@msn.com Phone: +1 914-479-8803 Website: https://phatfunk.com

For data privacy inquiries, including requests to exercise your rights under the GDPR, UK GDPR, or CCPA/CPRA (such as access, deletion, correction, or opt-out requests), please email us at phatfunk@msn.com with "Privacy Request" in the subject line. We will respond to verified requests within the timeframes required by applicable law.

For marketing communications, you may unsubscribe from email marketing by clicking the "unsubscribe" link in any marketing email, in accordance with the CAN-SPAM Act. To opt out of SMS marketing, reply STOP to any text message, in accordance with the Telephone Consumer Protection Act (TCPA). You may also contact us directly to update your communication preferences.