Terms of Service

TERMS AND CONDITIONS

Last updated: May 11, 2026

AGREEMENT TO OUR LEGAL TERMS

We are PBM Enterprises, LLC, doing business as The Rookery Podcasting Studio and The Rookery Studio (“Company,” “we,” “us,” or “our”).

We operate the website https://www.therookerystudio.com/ (the “Site”), as well as any other related websites, pages, funnels, products, booking pages, memberships, forms, content, and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

The Rookery Podcasting Studio is a professional podcasting, content creation, media production, and studio rental business located in Orem, Utah. The Site serves as the primary digital platform and funnel hub for information, bookings, memberships, studio services, and related offerings provided by The Rookery. Through the Site and its associated pages, forms, subdomains, funnels, and linked properties, users may access offerings that include, but are not limited to:

* Podcast studio rentals and recording sessions
* Content creation and media production services
* Audio and video recording services
* Editing, production, and post-production services
* Studio memberships and subscription-based access
* Premium walk-in services, booking packages, and studio experiences
* Educational, promotional, and informational resources
* Related products, services, events, programs, or future offerings operated under The Rookery brand

The Rookery may also operate in connection with affiliated brands, programs, or entities owned, managed, or operated by Parker McCumber, PBM Enterprises, LLC, or related companies, including but not limited to Mission Ready Systems and other future ventures, platforms, programs, or offerings under common ownership or management.

All content, products, services, bookings, and communications provided through this Site or any affiliated platform are intended for informational, educational, production, studio-use, and business purposes only. No content on this Site constitutes legal, financial, medical, or professional advice. Users and clients are responsible for their own decisions, actions, content, business outcomes, recordings, media use, and results.

By accessing or using this Site, booking studio time, purchasing a membership, submitting a form, participating in a recording session, purchasing production services, or using any affiliated platform, you acknowledge and agree that these Legal Terms, together with any applicable policies, booking terms, releases, agreements, invoices, membership terms, or service-specific terms, apply to your use of the Services unless otherwise stated in writing.

You can contact us by email at contact@therookerystudio.com, or by mail to:

The Rookery Podcasting Studio
Orem, Utah
United States

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and PBM Enterprises, LLC, concerning your access to and use of the Services. You agree that by accessing or using the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions, booking agreements, membership terms, studio rules, media releases, or other documents that may be posted on the Services or provided to you from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and deemed to have accepted, any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use, register for, book, or purchase the Services without the involvement and consent of a parent or legal guardian.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS AND SERVICES
6. STUDIO BOOKINGS, MEMBERSHIPS, AND CLIENT RESPONSIBILITIES
7. PURCHASES AND PAYMENT
8. SUBSCRIPTIONS
9. RETURN/REFUNDS POLICY
10. PROHIBITED ACTIVITIES
11. USER GENERATED CONTRIBUTIONS
12. CONTRIBUTION LICENSE
13. RECORDINGS, CLIENT CONTENT, AND MEDIA RIGHTS
14. SOCIAL MEDIA
15. SERVICES MANAGEMENT
16. PRIVACY POLICY
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
28. MISCELLANEOUS
29. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Persons who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or Gramm-Leach-Bliley Act (GLBA). You may not use the Services in a way that would subject us to such regulations unless we have expressly agreed in writing.

The Rookery provides studio access, podcasting, content creation, production, media, and related services. We do not guarantee any specific audience growth, revenue, business result, social media performance, lead generation outcome, podcast distribution result, platform approval, or commercial success from your use of the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, designs, templates, processes, studio materials, service materials, and other content in the Services (collectively, the “Content”), as well as the trademarks, service marks, trade names, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright, trademark, intellectual property, unfair competition, and other laws in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

* access the Services; and
* download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in these Legal Terms, please contact us at contact@therookerystudio.com. If we grant permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or remains visible.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms, and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using the Services to understand the rights you give us and the obligations you have when you post, upload, submit, record, or provide any content through or in connection with the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, testimonial, review, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own such Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, participate in, upload, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including text, writings, video, audio, photographs, music, graphics, comments, reviews, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a license, including the use of your name, company name, trademarks, logos, image, likeness, and voice as described in these Legal Terms.

You are solely responsible for what you post, upload, record, provide, or make available. You confirm that you have the rights, permissions, licenses, and releases necessary to submit or provide such materials and that your materials do not violate the rights of any third party or any applicable law.

We may remove or edit your Content at any time without notice if we reasonably believe it is harmful, unlawful, objectionable, or in breach of these Legal Terms.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. all registration, booking, inquiry, and purchase information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update it as necessary;
3. you have the legal capacity and agree to comply with these Legal Terms;
4. you are not a minor in the jurisdiction in which you reside, or you have the consent and involvement of a parent or legal guardian;
5. you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
6. you will not use the Services for any illegal or unauthorized purpose;
7. your use of the Services will not violate any applicable law or regulation;
8. you have all rights, licenses, permissions, and releases necessary for any content, materials, likenesses, music, marks, images, recordings, or media you provide to us or create through the Services; and
9. your use of the studio, equipment, facilities, and Services will comply with all rules, instructions, safety requirements, and policies provided by us.

If you provide information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account, booking, membership, or access to the Services and refuse any current or future use of the Services.

4. USER REGISTRATION

You may be required to register or create an account to use certain Services, book studio time, manage memberships, access materials, or purchase products or services. You agree to keep your password confidential and are responsible for all use of your account and password.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that the username is inappropriate, obscene, misleading, infringing, or otherwise objectionable.

5. PRODUCTS AND SERVICES

We make every effort to describe our products, services, memberships, booking options, studio features, equipment, deliverables, and specifications as accurately as possible. However, we do not guarantee that descriptions, images, features, availability, pricing, deliverables, service timelines, or other information will be accurate, complete, reliable, current, or free of errors.

All products and services are subject to availability. We reserve the right to discontinue, modify, replace, limit, or refuse any product, service, membership, booking option, package, feature, or offering at any time for any reason. Prices are subject to change.

Studio equipment, rooms, set designs, backgrounds, amenities, software, personnel, and available services may vary depending on scheduling, maintenance, staffing, technical issues, upgrades, package level, or other operational needs.

6. STUDIO BOOKINGS, MEMBERSHIPS, AND CLIENT RESPONSIBILITIES

You may be able to book studio time, recording sessions, memberships, production services, or related services through the Services. All bookings are subject to availability, payment, confirmation, and any additional studio rules or booking terms provided to you.

You agree to arrive on time for any scheduled session. Studio time may begin and end at the scheduled time regardless of your arrival time. Late arrivals, no-shows, or failure to provide required materials may result in shortened sessions, forfeited booking time, additional charges, or cancellation, at our sole discretion.

You are responsible for:

* ensuring that you and your guests comply with all studio rules;
* treating studio staff, equipment, facilities, and other clients with respect;
* using equipment only as instructed or permitted;
* paying for any damage, loss, misuse, or excessive cleaning caused by you, your guests, your contractors, or your invitees;
* ensuring your content, recordings, discussions, materials, scripts, music, graphics, trademarks, and media comply with applicable laws and third-party rights;
* obtaining any required releases, licenses, permissions, or consents from guests, co-hosts, performers, employees, contractors, or other participants; and
* ensuring that your intended use, publication, distribution, promotion, or monetization of recorded content is lawful and authorized.

We reserve the right to refuse service, stop a session, remove any person from the premises, cancel access, or terminate a membership if we determine that a client, guest, or participant violates these Legal Terms, any studio rules, safety requirements, staff instructions, or applicable law.

Unless otherwise agreed in writing, you are solely responsible for distribution, publication, platform submission, audience growth, monetization, advertising, compliance, and business results related to your content.

7. PURCHASES AND PAYMENT

We may accept one or more of the following forms of payment:

* Visa
* Mastercard
* American Express
* Discover
* PayPal
* Bank Transfer
* Online Check
* Other payment methods made available through our checkout, invoice, or payment processor

You agree to provide current, complete, and accurate purchase, billing, booking, and account information for all purchases made through the Services. You agree to promptly update account and payment information, including email address, payment method, billing information, and payment card expiration date, so that we can complete transactions and contact you as needed.

Sales tax or other applicable charges may be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars unless otherwise stated.

You agree to pay all charges at the prices then in effect for your purchases, bookings, memberships, packages, subscriptions, and any applicable fees. You authorize us and our payment processors to charge your chosen payment method for such amounts.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse, limit, or cancel any order, purchase, booking, membership, or subscription placed through the Services.

8. SUBSCRIPTIONS

Billing and renewal

Your subscription or membership may continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring prior approval for each recurring charge until you cancel the applicable subscription or membership. The length of your billing cycle will depend on the type of subscription or membership plan you choose.

Cancellation

You can cancel your subscription or membership by contacting us using the contact information provided below or through any cancellation method made available in your account, if applicable. Your cancellation will take effect at the end of the current paid term unless otherwise stated in your membership agreement or applicable purchase terms.

If you have questions or are unsatisfied with the Services, please email us at contact@therookerystudio.com.

Fee changes

We may, from time to time, make changes to subscription or membership fees and will communicate any price changes in accordance with applicable law.

9. RETURN/REFUNDS POLICY

All sales are final, and no refund will be issued unless otherwise expressly stated in writing by us.

This includes, but is not limited to, payments for studio bookings, memberships, subscriptions, production services, editing services, digital products, packages, deposits, retainers, and other purchases.

We may, in our sole discretion, permit rescheduling, credits, or other accommodations on a case-by-case basis, but we are not obligated to do so unless required by applicable law or agreed in writing.

10. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

* systematically retrieve data or content from the Services to create or compile a collection, compilation, database, or directory without written permission from us;
* trick, defraud, or mislead us or other users;
* circumvent, disable, or interfere with security-related features of the Services;
* disparage, tarnish, or otherwise harm, in our opinion, us, the Services, our staff, our studio, or our brand;
* use information obtained from the Services to harass, abuse, or harm another person;
* make improper use of our support services or submit false reports of abuse or misconduct;
* use the Services in a manner inconsistent with applicable laws or regulations;
* engage in unauthorized framing of or linking to the Services;
* upload or transmit viruses, Trojan horses, spam, or other material that interferes with any party’s use and enjoyment of the Services;
* engage in automated use of the system, including scripts, data mining, robots, scrapers, or similar tools;
* delete copyright or proprietary rights notices from any Content;
* impersonate another person or use another user’s account or username;
* upload or transmit any material that acts as a passive or active information collection or transmission mechanism;
* interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services;
* harass, annoy, intimidate, or threaten any employees, contractors, agents, guests, clients, or representatives engaged in providing the Services;
* attempt to bypass any measures designed to prevent or restrict access to the Services;
* copy or adapt the Services’ software or code;
* decipher, decompile, disassemble, or reverse engineer any software comprising part of the Services, except as permitted by applicable law;
* use or launch unauthorized automated systems that access the Services;
* use a buying agent or purchasing agent to make purchases on the Services;
* make unauthorized use of the Services, including collecting usernames or email addresses for unsolicited email;
* use the Services as part of an effort to compete with us or otherwise use the Services or Content for a revenue-generating endeavor not expressly permitted by us;
* sell or otherwise transfer your profile;
* misuse, damage, remove, tamper with, or alter studio equipment, furniture, sets, signage, materials, or property;
* bring unlawful, hazardous, disruptive, offensive, or dangerous materials into the studio;
* record unlawful, infringing, defamatory, obscene, exploitative, harassing, or otherwise prohibited content using the Services;
* violate the privacy, publicity, intellectual property, or contractual rights of any third party; or
* create, submit, upload, or distribute content that violates applicable platform rules, advertising laws, intellectual property laws, or any other law or regulation.

11. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, participate in, upload, create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, reviews, testimonials, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services or through third-party websites. Any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that:

* the creation, distribution, transmission, public display, performance, accessing, downloading, or copying of your Contributions does not and will not infringe any proprietary rights of any third party;
* you are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and the Services to use your Contributions as contemplated by these Legal Terms;
* you have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name, likeness, image, and voice;
* your Contributions are not false, inaccurate, or misleading;
* your Contributions are not unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, chain letters, or other forms of solicitation;
* your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us;
* your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
* your Contributions are not used to harass or threaten any person or promote violence against a specific person or class of people;
* your Contributions do not violate any applicable law, regulation, or rule;
* your Contributions do not violate the privacy or publicity rights of any third party;
* your Contributions do not violate any applicable law concerning child exploitation or the health or well-being of minors;
* your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, disability, or other protected characteristics; and
* your Contributions do not otherwise violate these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

12. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to social networking accounts, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions, including your image and voice, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate such Contributions into other works, and grant sublicenses of the foregoing.

This license applies to any form, media, or technology now known or later developed, and includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal or commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted.

We do not assert ownership over your Contributions. You retain ownership of your Contributions and associated intellectual property rights, subject to the licenses granted in these Legal Terms. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from responsibility and refrain from legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to edit, redact, recategorize, pre-screen, or delete Contributions at any time and for any reason, without notice. We have no obligation to monitor Contributions.

13. RECORDINGS, CLIENT CONTENT, AND MEDIA RIGHTS

The Rookery provides studio, recording, production, editing, and media-related services. In connection with the Services, you may create, record, upload, provide, or distribute audio, video, images, written materials, podcast episodes, social media clips, promotional assets, brand materials, music, guest appearances, interviews, scripts, logos, trademarks, or other materials (collectively, “Client Content”).

Unless otherwise agreed in writing, you retain ownership of your Client Content, subject to the rights, licenses, permissions, and releases granted to us in these Legal Terms or in any separate agreement.

You grant us the right to record, store, process, edit, reproduce, modify, format, export, transmit, and otherwise use Client Content as reasonably necessary to provide the Services, fulfill bookings, complete production work, deliver files, manage memberships, troubleshoot technical issues, or perform related business operations.

You represent and warrant that:

* you own or have secured all necessary rights, licenses, permissions, clearances, and releases for Client Content;
* all guests, co-hosts, employees, contractors, performers, speakers, or identifiable individuals appearing or participating in Client Content have authorized the recording, use, editing, publication, and distribution of such Client Content;
* Client Content does not infringe or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party;
* Client Content does not contain unlawful, defamatory, obscene, threatening, harassing, exploitative, or otherwise prohibited material; and
* you are solely responsible for the publication, distribution, monetization, advertising, claims, statements, and legal compliance of your Client Content.

Unless otherwise agreed in writing, we are not responsible for obtaining music licenses, talent releases, guest releases, trademark permissions, sponsorship approvals, platform approvals, location releases, union clearances, or other rights required for your intended use of Client Content.

You acknowledge that we may use limited excerpts, screenshots, clips, photographs, behind-the-scenes media, testimonials, names, logos, likenesses, or examples of work created in connection with the Services for our portfolio, marketing, advertising, social media, website, case studies, internal training, sales materials, and promotional purposes, unless you notify us in writing before your session or project that such use is not permitted.

We are not responsible for lost, corrupted, delayed, deleted, or unusable files, recordings, exports, raw footage, edits, or project files, except to the extent caused by our gross negligence or willful misconduct. You are responsible for downloading, backing up, reviewing, and preserving final deliverables provided to you.

Raw files, project files, session files, and working files may not be included unless expressly stated in writing. We may delete or archive files at any time after delivery or completion of the applicable service, unless a separate written retention period applies.

14. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each a “Third-Party Account”) by either providing your Third-Party Account login information through the Services or allowing us to access your Third-Party Account as permitted under the applicable terms and conditions governing your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us or grant us access to your Third-Party Account without breaching any third-party terms and without obligating us to pay fees or making us subject to usage limitations imposed by the third-party service provider.

By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store content you have provided to and stored in your Third-Party Account so that it is available on and through the Services. We may also submit to and receive from your Third-Party Account additional information to the extent you are notified when linking the account.

Your relationship with third-party service providers is governed solely by your agreements with those providers. We are not responsible for Social Network Content, platform access, account restrictions, algorithmic performance, account suspensions, publication issues, advertising approvals, or third-party platform decisions.

You may deactivate the connection between the Services and your Third-Party Account by contacting us or through your account settings, if applicable. We will attempt to delete information stored on our servers obtained through such Third-Party Account, except information that becomes associated with your account or is required for legitimate business, legal, or operational purposes.

15. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

1. monitor the Services for violations of these Legal Terms;
2. take appropriate legal action against anyone who violates the law or these Legal Terms;
3. refuse, restrict access to, limit availability of, or disable any Contributions or portion thereof;
4. remove from the Services or otherwise disable files and content that are excessive in size, burdensome to our systems, unlawful, or objectionable; and
5. otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised that the Services are hosted in the United States. If you access the Services from outside the United States, you understand that your information may be transferred to, stored in, and processed in the United States, and you consent to such transfer, storage, and processing.

17. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES, DELETE YOUR ACCOUNT, CANCEL BOOKINGS, CANCEL MEMBERSHIPS, OR REMOVE CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account, booking, membership, or access for any reason, you are prohibited from registering and creating a new account, booking, or membership under your name, a fake or borrowed name, or the name of any third party, even if acting on behalf of the third party. In addition to termination or suspension, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update information on the Services. We will not be liable to you or any third party for any modification, price change, suspension, discontinuance, or unavailability of the Services.

We cannot guarantee the Services, studio, website, booking systems, payment systems, file systems, equipment, software, or personnel will be available at all times. We may experience hardware, software, personnel, equipment, facility, utility, internet, or other issues or need to perform maintenance, resulting in interruptions, delays, errors, rescheduling, or cancellations.

You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime, maintenance, technical issues, studio unavailability, equipment failure, or discontinuance of the Services. Nothing in these Legal Terms obligates us to maintain and support the Services or supply corrections, updates, or releases.

19. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without regard to conflict of law principles.

20. DISPUTE RESOLUTION

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least forty-five (45) days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other Party.

Binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute, except those expressly excluded below, will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both available at the AAA website. Arbitration fees and arbitrator compensation shall be governed by the applicable AAA rules.

The arbitration may be conducted in person, through submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by applicable AAA rules or law, arbitration will take place in Utah County, Utah. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Utah County, Utah, and the Parties consent to and waive defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:

1. no arbitration shall be joined with any other proceeding;
2. there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and
3. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

1. any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party;
2. any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and
3. any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, the affected Dispute shall be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

21. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, studio features, equipment, deliverables, booking information, and other information. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about the accuracy or completeness of the Services’ Content or the content of any websites, applications, platforms, or services linked to the Services.

We assume no liability or responsibility for:

1. errors, mistakes, or inaccuracies of content and materials;
2. personal injury or property damage resulting from access to or use of the Services, studio, equipment, or facilities;
3. unauthorized access to or use of our secure servers and/or personal or financial information stored therein;
4. interruption or cessation of transmission to or from the Services;
5. bugs, viruses, Trojan horses, or similar materials transmitted to or through the Services by a third party;
6. errors or omissions in any content or materials or any loss or damage incurred as a result of the use of content posted, transmitted, recorded, produced, edited, or otherwise made available through the Services;
7. lost, corrupted, delayed, deleted, incomplete, or unusable audio, video, files, edits, exports, recordings, footage, or deliverables;
8. platform, algorithm, audience, distribution, monetization, advertising, or business outcomes related to your content; or
9. third-party products, services, platforms, websites, applications, or providers.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in advertising. We will not be a party to or responsible for monitoring any transaction between you and third-party providers.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOST RECORDINGS, LOST CONTENT, LOST BUSINESS OPPORTUNITY, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action will at all times be limited to the lesser of:

1. the amount paid, if any, by you to us during the six (6) month period prior to the cause of action arising; or
2. $10,000.00 USD.

Certain U.S. state laws and international laws do not allow limitations on implied warranties or exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and respective officers, members, managers, agents, partners, contractors, and employees, from and against any loss, damage, liability, claim, demand, judgment, settlement, penalty, fine, cost, or expense, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. your Contributions;
2. your Client Content;
3. your use of the Services;
4. your breach of these Legal Terms;
5. any breach of your representations and warranties set forth in these Legal Terms;
6. your violation of the rights of a third party, including intellectual property, privacy, publicity, contractual, or other rights;
7. any harmful act toward another user, client, guest, employee, contractor, or representative;
8. any content, claims, statements, recordings, media, or materials you create, provide, publish, distribute, monetize, or promote through or in connection with the Services;
9. your failure to obtain necessary licenses, releases, permissions, or approvals; or
10. damage, misuse, or loss caused by you, your guests, your contractors, or your invitees.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services and data relating to your use of the Services. Although we may perform routine backups of certain data, you are solely responsible for all data, files, content, recordings, materials, and information that you transmit or that relates to any activity you undertake using the Services.

You agree that we shall have no liability to you for any loss, corruption, deletion, or unavailability of such data, and you waive any right of action against us arising from such loss, corruption, deletion, or unavailability.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, submitting forms, booking sessions, sending emails, completing purchases, and communicating with us electronically constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically, via email, text message, phone, or through the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, FORMS, BOOKING CONFIRMATIONS, PAYMENT AUTHORIZATIONS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES.

You waive any rights or requirements under any laws that require an original signature or delivery or retention of non-electronic records, or payments or credits by means other than electronic means.

27. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834

or by telephone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Legal Terms and any policies, booking rules, studio rules, membership terms, operating rules, or supplemental agreements posted by us on the Services or provided in respect to the Services constitute the entire agreement and understanding between you and us, except where a separate written agreement expressly controls.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

29. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

PBM Enterprises, LLC
doing business as The Rookery Podcasting Studio / The Rookery Studio
Orem, Utah
United States

Email: contact@therookerystudio.com

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