Welcome to Cut Time®. The https://cuttime.net/ website and all associated webpages ( the “Cut Time Site”) is furnished by J.W. Pepper & Son, Inc. (“J.W. Pepper”, “we” or “us”) and is intended to provide a group management platform designed to help educators, students, parents and other users manage, communicate and participate in various group-related activities. Please continue reading to learn about the rules and restrictions that govern all use of the Cut Time Site and all other products, services and applications made available through and in conjunction with the Cut Time Site from time to time (collectively, the “Services”). The following terms and conditions ("Terms of Service") govern your access to, and use of, the Cut Time Site and Services.
The Cut Time Site and Services are intended to be used by subscribing organizations ("Subscriber(s)") to assist in the management of music programs and other multi-member programs ("Programs") by facilitating communication by and between those organizing and managing the Programs ("Program Administrator(s)"), staff and personnel associated with the Programs ("Staff") and the members of the various Programs ("Members") to manage the schedules, equipment and other items used by Members and Staff of the Programs. This is the "Intended Purpose" of the Cut Time Site and Services.
You represent and warrant to J.W. Pepper that:
Program Administrator(s) and Staff of a Subscriber may access the Program’s Cut Time Site and Services and use the Cut Time Site and Services to establish and manage that Program for the Subscriber.
Bona fide members (including students) and staff of a Subscriber, if and so long as authorized or invited by the Subscriber or Program Administrator(s), may register as Staff, and once registered, access and use the Cut Time Site and Services.
Subscribers, Program Administrators, Staff and Members may only access those portions of the Cut Time Site and Services made specifically available to them. Any access or attempted access to other portions or functions of the Cut Time Site and Services is strictly prohibited and may result in the imposition of civil and criminal penalties as well as loss of access to the Cut Time Site and Services.
The Cut Time Site and Services may be used solely for the Intended Purpose. All other uses of the Cut Time Site and Services are strictly prohibited.
The Cut Time Site and Services may be used solely for lawful purposes. The transmission, storage, or presentation of any information, data, or material in violation of any law, rule or regulation is strictly prohibited. The Cut Time Site and Services will comply with all applicable laws, rules or regulations and, in the event of any conflict with these terms, such laws, rules and regulations shall take precedence.
You agree not to impersonate any other person or entity or use any false name or use any other person's user login and password to access the Cut Time Site or Services. We reserve the right to withdraw or cancel any user logins and passwords at any time without notice and in our sole and absolute discretion. We may allocate (or refuse to allocate) a new user login and password where we have reason to believe that any user login and password has been inappropriately disclosed, discovered, used or misused by any person, or for any other reason.
Members agree that their user profiles may be viewed by Subscribers, Staff other Members of the Programs of the Subscriber; this includes their profile photos or avatars.
Members acknowledge and agree that they will not upload or transmit (using the Cut Time Site or Services) any information or material that violates or infringes, in any way, the rights of others (including their copyrights, patents, trademarks or trade secrets), or which is unlawful, threatening, abusive, defamatory, libelous, invasive of the privacy of others, violates proprietary or publicity rights, or is vulgar, obscene, profane, harassing or otherwise objectionable to us and that we may delete or block any such material, in our sole and absolute discretion without the consent of Subscribers, Program Administrators, Staff or Members.
J.W. Pepper takes no responsibility to filter, censor, edit or regulate information and content provided by you or others on the Cut Time Site and Services, including content uploaded in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. However, we reserve the right to view and remove or delete anything you disclose or offer to us by or through the Cut Time Site and Services, including email, postings, which we find offensive, abusive, infringing or undesirable for any reason in our discretion.
Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is strictly prohibited. Framing, mirroring, scraping or data-mining of the Cut Time Site and Services or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited. You acknowledge and agree that you will not upload or transmit through the Cut Time Site and Services any information or material that could cause or introduce a software virus, denial-of-service, or other disruptive program.
Minors under age of 18 years may not become Program Administrator(s) or Subscribers. If you have registered a user profile on behalf of a minor (as a parent or guardian or otherwise), or otherwise authorized a minor to use a user login or password to access the Cut Time Site and Services, you are fully responsible for: (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Cut Time Site and Services and (iii) the consequences of any misuse.
J.W. Pepper requires that the parents or legal guardian of a minor under age of 13 years to confirm their authority and affirmatively consent to the use of the Cut Time Site and Services by such minors. J.W. Pepper will provide access to a minor’s account to the minor’s parents, legal guardian or other authorized adult, upon such adult’s request consistent with applicable law.
The Cut Time Site and Services is our property including brands, products, prices, services and promotional programs, advertising, trademarks, audio and video, images, featured articles, surveys, applications, or other information and content (collectively, "Content"), each of which (whether registered or not) is protected under copyright and trademark laws and/or other laws, rules and regulations of the United States and other countries.
Specifically, the Cut Time Site and Services are copyrighted as our collective work under the copyright laws. We own the copyright in the overall design, layout, appearance, selection, coordination, arrangement and enhancement of such content, and own the rights in (or possess a license to use) the individual components of such Content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled. Your access to Content is not a transfer of title in any Content, and by your use of the Cut Time Site and Services, you acknowledge that you do not acquire any license, ownership or other rights to the Content or any intellectual property in or related to any such Content. J.W. Pepper does not grant any express or implied right or license to you under any patent, trademark, copyright, trade secret, or any other intellectual property displayed on, connected to, or related to the Cut Time Site and Services.
Use or modifications of the Content, other than to use the Cut Time Site and Services, without our authorization is a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including, but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any of our Content on any other web site without our express written consent is prohibited.
J.W. Pepper reserves the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery of any damages and any associated legal and other costs incurred by us and criminal prosecution when and where appropriate.
J.W. Pepper may provide you with a means to provide feedback, ideas, testimonials, or suggestions (“Feedback”) regarding the Cut Time Site and Services. If you choose to provide Feedback to us, you agree that you retain no rights in such Feedback. J.W. Pepper shall own all rights, including intellectual property rights, thereto. You hereby assign all such rights to us. By providing Feedback to us, you warrant that such Feedback constitutes your original work and grant to us, the unlimited, perpetual right to own, use, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, and you warrant that you waive all "moral rights" in such Feedback.
The Subscriber permits the Cut Time Site and Services to include the Program’s Name, School and/or School District in a list of Cut Time Site and Services customers, online or in promotional materials, and to verbally reference the Program’s Name, School and/or School District as a customer.
You are solely responsible for your activities on the Cut Time Site and Services, including all Content that you submit or a third party submits on your behalf or using your account. You agree to indemnify J.W. Pepper and its directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Services, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all Content that you submit or a third party submits on your behalf or using your identity.
This Agreement applies to all users of the Cut Time Site or Services including Subscribers.
If you are, for example, a student, parent or volunteer who is invited to be or added as a member of a class or group by a Program Administrator, you are a Member. If you are Staff and have been given administrative rights, then you are a Program Administrator. If you are agreeing to this Agreement on behalf of a Program, such as a school or school district, club, community group or team, you are a Program. Please read on below to find out what additional terms apply to you.
If you are a Program (such as a school, school district, club, community group or team):
If the Cut Time Site and Services acknowledges you as a Program Administrator of your Program, you may have the ability to perform the following tasks:
The Subscriber shall pay Fees for access and use of the Cut Time Site and the Services as set forth in an applicable Quote, Order Form or as otherwise agreed upon. Unless specified otherwise in the Quote or Order Form (if applicable), all Fees are due thirty (30) days from the invoice date. Further Enterprise discounts are only valid sixty (60) days from the original Quote or Order Form. Any additional Enterprise discounts after the 60 days will be accounted for in the next renewal period.
J.W. Pepper has the right to charge interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date for any delinquent payments until paid in full. The Subscriber will be responsible for all reasonable expenses (including attorneys' fees) incurred by the Cut Time Site and Services in collecting delinquent amounts. J.W. Pepper has the right to disable your Cut Time Site and Services Account if delinquent until such a time your Cut Time Site and Services Account is in good order.
J.W. Pepper reserves the right to charge a reasonable hourly fee for services related to "Account Clean-Up", "Data Imports" and "Data Clean-up"” that fall outside of Cut Time's regular customer service practices.
The Cut Time Site and Services may provide links on the Cut Time Site to other third party sites or content. J.W. Pepper has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked by the Cut Time Site and Services. J.W. Pepper provides links to you only as a convenience, and the inclusion of any link on the Cut Time Site and Services does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Cut Time Site and Services, our Terms of Service no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
You acknowledge that the Cut Time Site and Services are provided “as is” and without any warranties of any kind whatsoever. Neither J.W. Pepper, nor any of our employees or agents, warrant that the services will be uninterrupted, error free, or free from viruses or other harmful components. J.W. Pepper is not responsible for and hereby disclaim any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the information and/or completeness. J.W. Pepper expressly disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
Under no circumstances will J.W. Pepper, its officers, employees, directors, affiliates or subsidiaries or other third parties mentioned in, or involved in creating, producing, or delivering the Cut Time Site and Services be liable for any compensatory, direct, incidental, consequential, indirect, special or punitive damages whatsoever (including, without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results or use of the Cut Time Site and Services, any websites linked to the Cut Time Site and Services, or any materials contained at any or all such sites (including, without limitation, those caused by or resulting from a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use or misuse of any computer or system) whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions or conduct of any Member or other third party. Any cause of action you may have with respect to your use of the Cut Time Site or Services must be commenced within one (1) year after the claim or cause of action first arises. J.W. Pepper’s maximum liability related to the Cut Time Site and Services shall be $100.00.
To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. In such jurisdictions, you nonetheless agree that J.W. Pepper’s maximum liability related to the Cut Time Site and Services shall be $100.00.
You assume all responsibility and risk for the use of the Cut Time Site and Services and the Internet in general. J.W. Pepper is not responsible for any damage to your computer, mobile device or any other equipment or any corruption, unauthorized access to or loss of data that may result from your use of the Cut Time Site and Services. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of visiting the Cut Time Site and Services. J.W. Pepper has no legal duty to update or correct information on this website or the Internet in general.
J.W. Pepper has attempted to properly display the colors and proportions of our products and services shown on the Cut Time Site and Services. However, colors and proportions may not appear accurately depending on your equipment.
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and entirely to be performed within the State of Pennsylvania, without resort to its conflict of law provisions.
IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, TO ENJOIN OR RESTRAIN THE OPERATION OF THE CUT TIME SITE OR SERVICES.
ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT ARE NOT RESOLVED BY MUTUAL AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION TO BE CONDUCTED BEFORE JAMS, INC. OR ITS SUCCESSOR ("JAMS"). UNLESS OTHERWISE AGREED BY THE PARTIES, ARBITRATION SHALL BE HELD IN WEST CHESTER, PENNSYLVANIA BEFORE A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, OR IF THE PARTIES CANNOT MUTUALLY AGREE, A SINGLE ARBITRATOR APPOINTED BY JAMS, AND WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY JAMS UNLESS SPECIFICALLY MODIFIED IN THESE TERMS. THE ARBITRATION MUST COMMENCE WITHIN FORTY-FIVE (45) DAYS OF THE DATE ON WHICH A WRITTEN DEMAND FOR ARBITRATION IS FILED. THE ARBITRATOR’S DECISION AND AWARD WILL BE MADE AND DELIVERED WITHIN SIXTY (60) DAYS OF THE CONCLUSION OF THE ARBITRATION AND WITHIN SIX (6) MONTHS OF THE SELECTION OF THE ARBITRATOR. THE ARBITRATOR WILL NOT HAVE THE POWER TO AWARD DAMAGES OF ANY SORT OR AMOUNT DISCLAIMED IN OR LIMITED BY THESE TERMS AND MAY NOT MULTIPLY ACTUAL DAMAGES OR AWARD PUNITIVE DAMAGES. THE ARBITRATOR MAY, IN HIS OR HER DISCRETION, ASSESS COSTS AND EXPENSES (INCLUDING THE LEGAL FEES AND EXPENSES OF THE PREVAILING PARTY) AGAINST ANY PARTY TO A PROCEEDING. ANY PARTY REFUSING TO COMPLY WITH AN ORDER OF THE ARBITRATOR WILL BE LIABLE FOR COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY THE OTHER PARTY IN ENFORCING THE AWARD. NOTWITHSTANDING THE FOREGOING, IN CASE TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF IS APPROPRIATE, J.W. PEPPER MAY PROCEED IN COURT WITHOUT PRIOR ARBITRATION FOR THE PURPOSE OF AVOIDING IMMEDIATE AND IRREPARABLE HARM. THE PROVISIONS OF THIS ARBITRATION SECTION AND ANY AWARD RENDERED BY THE ARBITRATOR WILL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
YOU UNDERSTAND THAT EXCEPT FOR THESE TERMS, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THE CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
As to any dispute or claim not subject to arbitration, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the District Court for the Eastern District of Pennsylvania, or the Court of Common Pleas of Chester County, Pennsylvania and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service and shall be tried to a judge and not a jury.
ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. NO ARBITRATOR OR COURT SHALL HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION OR COURT CASE. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.
The failure of J.W. Pepper to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Some of the waivers and limitations of your rights set forth in in these Terms of Service may not be enforceable in certain jurisdictions, and therefore you may have additional rights. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
J.W. Pepper may suspend or terminate any access or use of the Cut Time Site and Services for failure to comply with these Terms of Service, for providing J.W. Pepper with untrue or inaccurate information, for infringement upon J.W. Pepper’s proprietary rights, or for any reason whatsoever, or for no reason.
We reserve the right to monitor our systems electronically and to access and disclose any information as is permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason we in good faith deem necessary.
Third Party Materials and other materials may be made available via the Cut Time Site and Services by third parties not within our control. This may include music and other products we sell that are the copyrighted works of publishers, content uploaded by users and other materials. We are under no obligation to, and do not, scan content posted or otherwise attempt to confirm that such content does not infringe. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the Cut Time Site and Services. If you believe any materials on the Cut Time Site and Services infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:
DMCA Notices should be directed by email to: [email protected] or by mail to: J.W. Pepper & Son, Inc., 191 Sheree Blvd., Exton, PA 19341.
It is J.W. Pepper's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that J.W. PEPPER determines are reasonable under the circumstances.
Logos and designs and other trademarks displayed on the Cut Time Site and Services are our trademarks unless otherwise indicated. You agree not to display or use any logo or other trademark of J.W. Pepper in any manner without our prior, written consent.
By accepting these Terms of Service, you agree to receive advertising, marketing materials, and other promotional communications from us. Periodic advertising and notifications from or about us and our products and services will normally be, but is not limited to, email and other electronic or other communication. If you do not wish to receive some or all e-mail marketing communications, email us at: [email protected]
We reserve the right, without notice and in our sole and absolute discretion, to terminate your account and your license to use the Cut Time Site and the Services and to block or prevent future access to and use of the Cut Time Site or Services. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is J.W. Pepper's policy to terminate, in appropriate circumstances as determined in our sole and absolute discretion, subscribers or account holders who we determine are repeat infringers. If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions. If you believe your copyright has been violated by material uploaded by a user of the Cut Time Site and Services, please click here.
J.W. Pepper reserves the right to change or modify any of the terms and conditions contained in this Terms of Service, at any time and in its sole and absolute discretion. If J.W. Pepper decides to change this Terms of Service, it will post a new version of the Terms of Service and update the effective date set forth above. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Cut Time Site and Services following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review the Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply the Cut Time Site and the Services.