What’s The Whole Tone Scale? Master the Whole Tone Sound In Your Solos

GOOD FOR

Learn Jazz Standards Instuments
Season 2 Finale - 26 Top Tips For Playing Jazz

The whole tone scale is an important symmetrical scale with many uses for jazz improvisers. These unique-sounding scales can help you add extra spice to your jazz solos if you can use them effectively.

In this article, we’ll explore the whole tone scale, learning about its history and how composers and improvisers have used it to add an augmented, dream-like quality to their compositions and performances.

We’ll learn how to play it on guitar and piano and explore how to use it to spice up your own jazz solos!

If you want to become the best jazz musician you can be and master different scales like the whole tone scale, then you need to check out the Learn Jazz Standards Inner Circle. The Inner Circle has everything you need to take your jazz chops to the next level!

Improve in 30 Days or Less. Join the Inner Circle.

What Are Whole Tone Scales in Music Theory?

You can find whole tone scales in classical music, jazz music, and popular music, too! They are everywhere because they have a unique-sounding, dream-like quality, which we’ll explain through good, old-fashioned music theory!

The whole tone scale is made up of whole steps. There are no half-steps in any whole tone scale. Because the scale formula consists entirely of whole steps, the whole tone scale is non-diatonic (meaning you can’t build it from the major scale formula like you can major scale modes).

This non-diatonic, whole-tone sound never truly feels resolved and always keeps the listener anticipating a resolution that seems always one beat away. This sense of tension makes the whole tone scale a popular choice.

These scales are also hexatonic, meaning they have six or six tones before landing on a repeat note. Because each note in the scale is spaced a whole step apart, this scale has no leading tone (or final scale degree that leads back to the root by a half step).

Finally, these scales are symmetrical, but we’ll talk more about that in the next section.

Four Important Takeaways:

The Whole tone scale is

  1. Made of Whole Steps (whole steps are equivalent to major second intervals)
  2. Non-diatonic (not based in diatonic harmony or built from the major scale)
  3. Hexatonic (six notes)
  4. Symmetrical (has translational symmetry, which is covered below).

Whole Tone Scales Are Symmetrical Scales

For the rest of this article, when referencing scale step formulas, we will refer to each whole step by a W and each half step by an H.

Unlike major and minor scales, which are not symmetrical, the whole tone scale has translational symmetry. This means you can start on any note in the scale, and the scale formula would still be the same—W-W-W-W-W in this case. The diminished scale is another symmetrical scale.

Check out this article to learn more about diminished scales.

Your scale formula doesn’t change, no matter which note you start on. It’s always whole steps.

C whole tone scale compared to D whole tone scale

C Whole Tone Scale

  • W-W-W-W-W-W
  • C-D-E-F#(Gb)-G#(Ab)-A#(Bb)-C

D Whole tone Scale

  • W-W-W-W-W-W
  • D-E-F#(Gb)-G#(Ab)-A#(Bb)-C-D

Non-Symmetrical Major and Minor Scales

The major scale and minor scale do not have translational symmetry. The scale formula changes depending on what your starting note is. Let’s compare the C major scale to its second mode, D Dorian. You’ll notice that when we start on a different note in a non-symmetrical scale, the formula changes.

C major scale compared to D Dorian

C major Scale

  • W-W-H-W-W-W-H
  • C-D-E-F-G-A-B-C

D Dorian Scale

  • W-H-W-W-W-H-W
  • D-E-F-G-A-B-C-D

C major and all its modes are diatonic. They are derived from the major scale formula. Check out this article for more on the major scale modes. If you want to learn more about major scales and Dorian minor scales specifically, check out these articles on major scales and Dorian minor scales.

How Many Whole Tone Scales Are There?

Technically, there are only two whole tone scales.

We’ll start with the C whole tone scale to demonstrate how this is possible. As we just learned, the tone scale is made up of whole steps. If you start on C and move up in whole steps, you’ll eventually find your way back to C, stopping on five other notes.

C Whole Tone Scale on music staff
  • C-D-E-Gb-Ab-Bb-C

We know that there are twelve notes within an octave:

  • C-Db-D-Eb-E-F-Gb-G-Ab-A-Bb-B-C

Notice how I’ve bolded the C whole tone scale above. If you take the unbolded notes, you are left with the other whole tone scale.

Db Whole Tone Scale on the staff
  • Db-Eb-F-G-A-B-Db

Let’s look at the chromatic scale and isolate both whole tones scales. The Db whole tone scale is spelled out above, and the C whole tone scale is spelled out below. Here are the two scales:

Chromatic scale with both whole tones scales shown

The Whole Tone Scale and Augmented Triads

Whole tone harmony is represented by augmented triads. Augmented triads are three-note chords of stacked major thirds. A C augmented triad would be spelled C, E, and G#.

C augmented triad
  • Augmented 5th: G#
  • Major 3rd: E
  • Root: C

Let’s harmonize a C whole-tone scale to analyze the chords within it (hint: they will all be augmented triads). We’ll harmonize a whole tone scale starting on C by stacking a major third and an augmented fifth onto each note in the scale.

The original scale is shown in red, the stacked major thirds are shown in blue, and the augmented fifths are shown in green. Each color reveals a different whole tone scale (or the same whole tone scale, just starting on different notes).

Whole tone scale harmonized as augmented triads
  • Red: Whole tone scale from C
  • Blue: Whole tone scale from E
  • Green: Whole tone

Another way to break down the whole tone scale is to visualize it as being made of two augmented chords. Check out these two augmented triads below and how they contain all the notes of one whole tone scale.

Put another way, the whole tone scale is made of two augmented triads a whole step apart:

The whole tone scale is made of two augmented triads a whole step apart

All the other chords from a harmonized whole tone scale can be seen as augmented triads or inversions of these original two augmented triads. E augmented is the same as a first inversion C augmented triad.

  • E+: E-G#-B#(C)
  • C+: C-E-G#

Check out this article for more on augmented triads.

BEFORE YOU CONTINUE...

If music theory has always seemed confusing to you and you wish someone would make it feel simple, our free guide will help you unlock jazz theory secrets.

Jazz Theory Made Easy Fast Track Guide Ebook Cover

The Whole Tone Scale and Dominant Seventh Chords

Seventh chords are chords made of four notes. You have a root note, some kind of third (major or minor), some sort of fifth (diminished, perfect, or augmented), and some kind of 7th (either a minor seventh or a major seventh). Below is a C major seventh chord:

Breaking down a 7th chord

When you analyze each note in a whole tone scale starting on C, you have all the notes of a C9#11/#5 dominant chord, or a C9b5/b13 dominant chord. The dominant #5/b13 and #11/b5 sounds occur often in jazz music and other examples of Western art music.

Understanding how to build dominant seventh chords with the notes from the whole tone scale will help you utilize these sounds in your jazz solos. Below, you’ll see all the notes of a C whole tone scale and which chord tones they represent in a dominant chord.

Building a dominant chord out of the notes in the whole tone scale
  • 7th: Bb
  • #5/b13: G# (Ab)
  • #11/b5: F# (Gb)
  • 3rd: E
  • 9th: D
  • Root: C

A C9#5 chord implies that the 5th scale degree is augmented. This is technically different than a C9b13 chord where the natural 5th is present, and the 6th scale degree is a minor 6th away from the root. The difference is subtle, but it’s important to make the distinction for improvisational accuracy.

Building a C9#5 Chord:

Whole tone scale with notes from a C9#5 chord outlined
  • 7th: Bb
  • #5: G#
  • 3rd: E
  • Rt: C

Building a C9b13 chord:

Whole tone scale with notes from a C9b13 chord outlined

Chord Extensions Found in the Whole Tone Scale

There are two chord extensions found in the whole tone scale.

Whole tone scale with potential chord extensions for 7th chords shown
  • #11/b5
  • 9th

Check out this article for more on chord extensions and alterations.

Because of the translational symmetry discussed earlier, this scale will work for the same seventh chord quality built from each scale degree of the whole tone scale. This exact whole tone scale also works over:

  • D9#11/#5 and D9b5/b13
  • E9#11/#5 and E9b5/b13
  • F#9#11/#5 and F#9b5/b13
  • Ab9#11/#5 and Ab9b5/b13
  • Bb9#11/#5 and Bb9b5/b13

The Whole Tone Scale on Guitar and Piano

Let’s get practical! In this section, we’ll learn the whole tone scale on guitar and piano.

The Whole Tone Scale on Guitar

The whole tone scale makes a unique pattern on the guitar fretboard. When you map out whole steps on the guitar, you get this checkerboard pattern:

Whole Tone Scale on Guitar

Notice how the pattern changes between the G and B strings. The pattern looks different because the interval between the G and B strings is a major third and not a perfect fourth like with the other strings.

Here are two ways to play the whole tone scale on the guitar. Both are similar because—let’s face it—we’re only dealing with whole steps. The notable difference is at the beginning of each fingering.

C Whole Tone Scale Guitar Fingering 1

Whole Tone Scale Guitar Fingering 1

C Whole Tone Scale Guitar Fingering 2

Whole Tone Scale Guitar Fingering 2

The Whole Tone Scale on Piano

Let’s learn the whole tone scale on piano! Use this fingering chart to help you learn which fingers are which.

Piano Fingering Chart

Here is the C whole tone scale on piano:

Whole tone scale on piano with fingerings

Right Hand:

  • 1-2-1-2-3-4-5

Left Hand:

  • 3-2-1-4-3-2-1

For more on piano scales, check out this article on major and minor scales on piano with fingerings.

The Wayne Shorter Song “Juju” and Whole Tone Harmony

Chord Chart for Juju

There are many great examples of whole tone harmony in songs across all genres. From Stevie Wonder’s “You Are The Sunshine of My Life” to compositions of great classical Russian composers like Mikhail Glinka, the whole tone scale’s unique qualities make it a popular choice.

Stevie Wonder and Mikhail Glinka are great, but the example I want to explore is Wayne Shorter’s composition “Juju.” It’s the title track of Wayne Shorter’s 1965 album Juju. Nearly the entire first half of the tune is played over a B7#5 chord, and the melody is constructed from the whole tone scale.

It’s a clear example of whole tone harmony in action and provides insight on how improvisers might approach playing in this pitch environment for an extended period.

Using The Whole Tone Sound In Your Jazz Solos

Let’s use this scale in a real playing example. Here are two common chord progressions in jazz:

  • ii-V-I-IV
  • ii-V-I

Over the dominant chords, we’ll play ideas that utilize the whole tone scale.

jazz lines that utilize the whole tone scale

Over the G9#5 and A9b13 chords, we are actually using the same whole tone scale because these scales have translational symmetry. The G whole tone scale is the same as the A whole tone scale, which is the same as the B whole tone scale, and so on.

Check out this article for more information on jazz scales you can use to spice up your improv.

Want to Master Other Jazz Scales Like The Whole Tone Scale? Join The Learn Jazz Standards Inner Circle.

Want to become the best jazz player you can be but don’t know how you can get there? Check out the Learn Jazz Standards Inner Circle and take your playing to the next level in 30 days or less.

Join the Inner Circle.

TAKE YOUR JAZZ PLAYING TO THE NEXT LEVEL.

We help musicians of all instruments start improvising confidently over jazz standards in just 30 days without mind-numbing hours of practice or the overwhelm.

TAKE YOUR JAZZ PLAYING TO THE NEXT LEVEL.

We help musicians of all instruments start improvising confidently over jazz standards in as little as 30 days without mind-numbing hours of practice or the overwhelm.

“Jazz music is the power of now. There is no script. It’s conversation. The emotion is given to you by musicians as they make split-second decisions to fulfill what they feel the moment requires.”
WYNTON MARSALIS

YOU MAY ALSO BE INTERESTED IN

Learn Jazz Standards The Smart Way Ebook Cover

OUR PROVEN PROCESS FOR LEARNING JAZZ STANDARDS LIKE A PRO

A step-by-step guide for how to effectively learn jazz standards so you’ll feel confident playing them, and won’t forget them.

TERMS AND CONDITIONS

Welcome to LearnJazzStandards.com! We’ve created this page so that you (and any visitor to LearnJazzStandards.com) will understand the terms and conditions that govern your use of this website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions, which together with our privacy policy comprise our (LearnJazzStandards.com’s) entire relationship with you.

Exclusion of Liability

The content found on any page of this website is for your general information and use only, and it is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Copyright Laws & Intellectual Property

This website contains some material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All logos, trademarks, and other intellectual property found on LearnJazzStandards.com are the property of their respective owners. They do not indicate ownership, affiliation, sponsorship, or any other relationship with LearnJazzStandards.com. In addition, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those websites, and we have no responsibility for the content of those linked websites.

Unauthorized Use

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America. Any unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Thanks, and enjoy LearnJazzStandards.com!

Return Policy for Products

Refund Policy

For play-alongs and eBooks:

Because these are digital downloads, and not returnable, we have a strict no refund policy. All purchases are final and cannot be reversed. Please be sure that you fully understand the product you are purchasing and what is and what is not included. Of course, if you ever have any questions about a product feel free to contact us or visit our FAQ page.

For 30 Days to Better Jazz Playing eCourse

Please make sure you completely understand the product you are buying before purchasing. 14 Day 100% Money Back Guarantee
  • This guarantee lasts 14 days, which completely covers almost half of the course, enough for you to observe its’ effectiveness.
  • We can’t guarantee you will be Miles Davis, Charlie Parker, or John Coltrane in 2 weeks. We’d be suspicious of anyone who could promise that. Becoming a better jazz musician is a process and it requires work.
  • If you’re not happy with the quality of this program…send us an email and showing you did the work. We’ll refund 100% of your money (We’ll even eat the credit-card processing fees) and we’ll part as friends. We believe in the power of this course and so we’ll take responsibility for it.

For Inner Circle Membership

Please make sure you completely understand the product you are buying before purchasing. 30 Day 100% Money Back Guarantee
  • This guarantee lasts 30 days, which is enough for you to observe the membership’s effectiveness.
  • We can’t guarantee you will be Miles Davis, Charlie Parker, or John Coltrane in 30 days. We’d be suspicious of anyone who could promise that. Becoming a better jazz musician is a process and it requires work.
  • If you’re not happy with the quality of this program…send us an email and showing you did the work. We’ll refund 100% of your money (We’ll even eat the credit-card processing fees) and we’ll part as friends. We believe in the power of this course and so we’ll take responsibility for it.

Rights of use

All digital products are for the use of the individual customer only. Redistribution or reselling of our digital products is strictly prohibited and a violation of United States and New York State law.

PRIVACY POLICY

At Learn Jazz Standards LLC, we recognize that privacy of your personal information is important.

Here are the types of personal information we may collect when you use and visit LearnJazzStandards.com, and how we safeguard your information. We never sell your personal information to third parties.

Log Files

As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.

Cookies and Web Beacons

We may use cookies to store information, such as your personal preferences when you visit our site. This could include only showing you a popup once in your visit, or the ability to log in to some of our features, such as forums. We collect this information to help send you only pertinent content that we believe you are interested in and will benefit from.

We also use third party advertisements on LearnJazzStandards.com to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed.

This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).

DoubleClick DART cookies

We also may use DART cookies for ad serving through Google’s DoubleClick service, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements).

This cookie is used to serve ads specific to you and your interests (“interest based targeting”). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey).

DART uses “non personally identifiable information.” It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting http://www.doubleclick.com/privacy/dart_adserving.aspx

You can chose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.

Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.

Email Addresses

If you share your email address with LearnJazzStandards.com via the contact page, we will only use it to contact you, and will NOT add you to any lists or newsletters without your consent.

In addition, if you sign up for the free newsletter, your email address will only be used to send special offers and updates from LearnJazzStandards.com. Addresses are recorded and kept secure through MailChimp, which we use to distribute information to our subscribers. Neither MailChimp nor LearnJazzStandards.com will give or sell your address to any third party, nor will you be added to any additional lists.

Right to Be Forgotten

If at any point you wish to be completely deleted from our databases, whether it be as a newsletter subscriber or an account holder on learnjazzstandards.com, you have the complete right to do so.

Contact us, and we will ensure your data is cleared from our system.

Data Control Contact

If you ever wish to reach out to us regarding the use of your data, we are reachable at [email protected]. Additionally, you can use our contact page, to reach out any time.

In short, your information is safe with us, and we greatly value your trust.

Thanks for using Learn Jazz Standards!

Terms of Use

Welcome to LearnJazzStandards.com!

We’ve created this page so that you (and any visitor to LearnJazzStandards.com) will understand the terms and conditions that govern your use of this website.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions, which together with our privacy policy comprise our (LearnJazzStandards.com’s) entire relationship with you.

Exclusion of Liability

The content found on any page of this website is for your general information and use only, and it is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Copyright Laws & Intellectual Property

This website contains some material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All logos, trademarks, and other intellectual property found on LearnJazzStandards.com are the property of their respective owners. They do not indicate ownership, affiliation, sponsorship, or any other relationship with LearnJazzStandards.com.

In addition, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those websites, and we have no responsibility for the content of those linked websites.

Unauthorized Use

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America. Any unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

Thanks, and enjoy LearnJazzStandards.com!

Return Policy for Products

Refund Policy

For play-alongs and eBooks:

Because these are digital downloads, and not returnable, we have a strict no refund policy. All purchases are final and cannot be reversed. Please be sure that you fully understand the product you are purchasing and what is and what is not included. Of course, if you ever have any questions about a product feel free to contact usor visit our FAQ page.

For 30 Days to Better Jazz Playing eCourse

Please make sure you completely understand the product you are buying before purchasing.

14 Day 100% Money Back Guarantee

  • This guarantee lasts 14 days, which completely covers almost half of the course, enough for you to observe its’ effectiveness.
  • We can’t guarantee you will be Miles Davis, Charlie Parker, or John Coltrane in 2 weeks. We’d be suspicious of anyone who could promise that. Becoming a better jazz musician is a process and it requires work.
  • If you’re not happy with the quality of this program…send us an email and showing you did the work. We’ll refund 100% of your money (We’ll even eat the credit-card processing fees) and we’ll part as friends. We believe in the power of this course and so we’ll take responsibility for it.

Rights of use

All digital products are for the use of the individual customer only. Redistribution or reselling of our digital products is strictly prohibited and a violation of United States and New York State law.

Learn Jazz Standards Messaging Terms & Conditions

Effective Date:

This SMS message program is a service of Learn Jazz Standards. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Learn Jazz Standards. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Learn Jazz Standards permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. Learn Jazz Standards reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Learn Jazz Standards also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Learn Jazz Standards, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the Learn Jazz Standards messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Learn Jazz Standards Terms of Use and Learn Jazz Standards Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Learn Jazz Standards and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Learn Jazz Standards through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Learn Jazz Standards OR ANY PARTY ACTING ON BEHALF OF Learn Jazz Standards BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Learn Jazz Standards HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Learn Jazz Standards HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Learn Jazz Standards MESSAGING PROGRAM. Learn Jazz Standards AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Learn Jazz Standards, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Learn Jazz Standards or its service providers.

Dispute Resolution

  1. General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Learn Jazz Standards or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Learn Jazz Standards ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Learn Jazz Standards to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Learn Jazz Standards will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. No Class Actions. YOU AND Learn Jazz Standards AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Learn Jazz Standards agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Learn Jazz Standards are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  5. No Class Actions. YOU AND Learn Jazz Standards AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Learn Jazz Standards agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Learn Jazz Standards makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Learn Jazz Standards’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Learn Jazz Standards.
  7. Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Learn Jazz Standards after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Learn Jazz Standards concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at [email protected]

OUR PROVEN PROCESS FOR LEARNING JAZZ STANDARDS LIKE A PRO

Get our FREE eGuide “Learn Jazz Standards the Smart Way” and follow the 5 simple steps for crushing it with jazz standards.

Learn Jazz Standards The Smart Way Cover

OUR PROVEN PROCESS FOR LEARNING JAZZ THEORY LIKE A PRO

Get our FREE “Jazz Theory Made Easy Fast Track Guide” and follow the 4 simple steps that make learning jazz theory easy.

Jazz Theory Made Easy Fast Track Guide Ebook Cover

OUR PROVEN PROCESS FOR IMPROVISING JAZZ SOLOS LIKE A PRO

Get our FREE “Jazz Improv Made Easy Fast Track Guide” and follow the 3 simple steps for improvising amazing jazz solos.

Jazz Improv Made Easy Fast Track Guide Ebook Cover

DOWNLOAD THIS CHORD CHART

Get our FREE "What’s The Whole Tone Scale? Master the Whole Tone Sound In Your Solos" chord chart and our entire library of 200+ jazz standards!

Chord Chart

DOWNLOAD THIS CHORD CHART

Get our FREE "What’s The Whole Tone Scale? Master the Whole Tone Sound In Your Solos" chord chart and our entire library of 200+ jazz standards!

Chord Chart

DOWNLOAD THIS CHORD CHART

Get our FREE "What’s The Whole Tone Scale? Master the Whole Tone Sound In Your Solos" chord chart and our entire library of 200+ jazz standards!

Chord Chart