Choral Artists of Carmel

 
 

 


 
 
  
     
   TERMS OF USE 
    CHORAL ARTISTS OF CARMEL  
  
 


 

   

 Version
Date: August 11, 2019 

 TERMS OF USE
AGREEMENT 

   

 This Terms of Use Agreement (“Agreement”) constitutes a legally binding
agreement made between you, whether personally or on behalf of an entity
(“user” or “you”) and Choral Artists of Carmel and its affiliated
companies (collectively, “Company” or “we” or “us” or “our”), concerning your
access to and use of the choralartistsofcarmel.org website as well as any other
media form, media channel, mobile website or mobile application related or
connected thereto (collectively, the “Website”). The Website provides the
following service: Concert promotion (“Company Services”). Supplemental terms
and conditions or documents that may be posted on the Website from time to
time, are hereby expressly incorporated into this Agreement by reference.  

   

 Company makes no representation that the Website is appropriate or
available in other locations other than where it is operated by Company. The
information provided on the Website 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 Company to
any registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Website from other locations do so on
their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.   

   

 All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Website. If you are a minor,
you must have your parent or guardian read and agree to this Agreement prior to
you using the Website. Persons under the age of 13 are not permitted to register
for the Website or use the Company Services.  

   

 YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,
OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO
NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE
WEBSITE.     

   

 SUBMISSIONS 

   

 You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Website or the Company Services
("Submissions") provided by you to Company are non-confidential and
Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you. 

   

 PROHIBITED ACTIVITIES 

   

 You may not access or use the Website for any other purpose other than
that for which Company makes it available. The Website may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Company. Prohibited activity includes, but is not
limited to:   

   

 A. attempting to bypass any measures of the
Website designed to prevent or restrict access to the Website, or any portion
of the Website  

 B. attempting to impersonate another user or
person or using the username of another user  

 C. criminal or tortious activity  

 D. deciphering, decompiling, disassembling or
reverse engineering any of the software comprising or in any way making up a
part of the Website  

 E. deleting the copyright or other proprietary
rights notice from any Website content  

 F. engaging in any automated use of the system,
such as using any data mining, robots or similar data gathering and extraction
tools  

 G. except as may be the result of standard
search engine or Internet browser usage, using or launching, developing or
distributing any automated system, including, without limitation, any spider, robot
(or "bot"), cheat utility, scraper or offline reader that accesses
the Website, or using or launching any unauthorized script or other
software  

 H. harassing, annoying, intimidating or
threatening any Company employees or agents engaged in providing any portion of
the Company Services to you  

 I. interfering with, disrupting, or creating an
undue burden on the Website or the networks or services connected to the
Website  

 J. making any unauthorized use of the Company
Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses  

 K. selling or otherwise transferring your
profile  

 L. systematic retrieval of data or other content
from the Website to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from Company  

 M. tricking, defrauding or misleading Company
and other users, especially in any attempt to learn sensitive account
information such as passwords  

 N. using any information obtained from the
Website in order to harass, abuse, or harm another person  

 O. using the Company Services as part of any
effort to compete with Company or to provide services as a service bureau  

 P. using the Website in a manner inconsistent
with any and all applicable laws and regulations  

   

 INTELLECTUAL PROPERTY RIGHTS 

   

 The content on the Website (“Company Content”) and the trademarks,
service marks and logos contained therein (“Marks”) are owned by or licensed to
Company, and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Company Content, includes,
without limitation, all source code, databases, functionality, software,
website designs, audio, video, text, photographs and graphics. All Company
graphics, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, common law trademarks or trade dress of Company in
the United States and/or other countries. Company's trademarks and trade dress
may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of the Company.  

   

 Company Content on the Website is provided to you “AS IS” for your
information and personal use only and may not be used, copied, reproduced,
aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written
consent of the respective owners. Provided that you are eligible to use the
Website, you are granted a limited license to access and use the Website and
the Company Content and to download or print a copy of any portion of the
Company Content to which you have properly gained access solely for your
personal, non-commercial use. Company reserves all rights not expressly granted
to you in and to the Website and Company Content and Marks.  

   

 THIRD
PARTY WEBSITES AND CONTENT 

   

 The Website contains (or you may be sent through the Website or the
Company Services) links to other websites ("Third Party Websites") as
well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software and other content or items belonging
to or originating from third parties (the "Third Party Content").
Such Third Party Websites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third Party Websites accessed through the
Website or any Third Party Content posted on, available through or installed
from the Website, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices or other policies of or contained in the Third
Party Websites or the Third Party Content. Inclusion of, linking to or
permitting the use or installation of any Third Party
Website or any Third Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party
Content, you do so at your own risk and you should be aware that our terms and
policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you
navigate from the Website or relating to any applications you use or install
from the Website. Any purchases you make through Third Party Websites will be
through other websites and from other companies, and Company takes no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. 

   

 SITE MANAGEMENT 

   

 Company reserves the right but does not have the obligation to: 

   

 A. monitor the Website for violations of this
Agreement; 

 B. take appropriate legal action against anyone
who, in Company’s sole discretion, violates this Agreement, including without
limitation, reporting such user to law enforcement authorities; 

 C. in Company’s sole discretion and without
limitation, refuse, restrict access to or availability of, or disable (to the
extent technologically feasible) any user’s contribution or any portion thereof
that may violate this Agreement or any Company policy; 

 D. in Company’s sole discretion and without
limitation, notice or liability to remove from the Website or otherwise disable
all files and content that are excessive in size or are in any way burdensome
to Company’s systems; 

 E. otherwise manage the Website in a manner
designed to protect the rights and property of Company and others and to
facilitate the proper functioning of the Website.   

   

 PRIVACY POLICY 

   

 We care about the privacy of our users. Please review the Company
Privacy Policy. By using the Website or Company Services, you are consenting to
have your personal data transferred to and processed in the United States. By
using the Website or the Company Services, you are consenting to the terms of
our Privacy Policy.  

   

 TERM AND TERMINATION 

   

 This Agreement shall remain in full force and effect while you use the
Website or are otherwise a user or member of the Website, as applicable. You
may terminate your use or participation at any time, for any reason, by
following the instructions for terminating user accounts in your account
settings, if available, or by contacting us using the contact information
below.  

   

 WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES
THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON
FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF
ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND
ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,
IN COMPANY’S SOLE DISCRETION.  

   

 In order to protect the integrity of the Website and Company Services,
Company reserves the right at any time in its sole discretion to block certain
IP addresses from accessing the Website and Company Services. 

   

 Any provisions of this Agreement that, in order to fulfill the purposes
of such provisions, need to survive the termination or expiration of this
Agreement, shall be deemed to survive for as long as necessary to fulfill such
purposes. 

   

 YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,
WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S
THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND
HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL
BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR
BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS. 

   

 If Company terminates or suspends your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, Company reserves the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress. 

   

 MODIFICATIONS 

   

 To Agreement 

   

 Company may modify this Agreement from time to time. Any and all changes
to this Agreement will be posted on the Website and revisions will be indicated
by date. You agree to be bound to any changes to this Agreement when you use
the Company Services after any such modification becomes effective. Company may
also, in its discretion, choose to alert all users with whom it maintains email
information of such modifications by means of an email to their most recently
provided email address. It is therefore important that you regularly review
this Agreement and keep your contact information current in your account
settings to ensure you are informed of changes. You agree that you will
periodically check the Website for updates to this Agreement and you will read
the messages we send you to inform you of any changes. Modifications to this
Agreement shall be effective after posting.  

   

 To Services 

   

 Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Company Services (or any part thereof) with or without
notice. You agree that Company shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Company
Services.  

   

 DISPUTES 

   

 Between Users 

   

 If there is a dispute between users of the Website, or between users and
any third party, you understand and agree that Company is under no obligation
to become involved. In the event that you have a dispute with one or more other
users, you hereby release Company, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and/or the Company Services.   

   

 With Company 

   

 A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall
be governed by and construed in accordance with the internal laws of the State
of California, without regard to conflict of law provisions. With respect to
any disputes or claims not subject to informal dispute resolution or
arbitration (as set forth below), you agree not to commence or prosecute any
action in connection therewith other than in the state and federal courts
located in Monterey County, State of California, and you hereby consent to, and
waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods is excluded from this Agreement.
Additionally, application of the Uniform Computer Information Transaction Act
(UCITA) is excluded from this Agreement. In no event shall any claim,
action or proceeding by you related in any way to the Website or Company
Services be instituted more than two (2) years after the cause of action arose. 

   

 B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy
or claim related to this Agreement ("Dispute"), you and Company agree
to first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30) days before initiating any
arbitration or court proceeding. Such informal negotiations commence upon
written notice from one person to the other. 

   

 C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal
negotiations, either you or Company may elect to have the Dispute (except those
Disputes expressly excluded below) finally and exclusively resolved by binding
arbitration. Any election to arbitrate by one party shall be final and binding
on the other. YOU UNDERSTAND THAT ABSENT 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 ("AAA Consumer
Rules"), both of which are available at the AAA website www.adr.org. The
determination of whether a Dispute is subject to arbitration shall be governed
by the Federal Arbitration Act and determined by a court rather than an
arbitrator. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. If such costs are determined by the arbitrator to be
excessive, Company will pay all arbitration fees and expenses. The arbitration
may be conducted in person, through the 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 a 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 the applicable
AAA rules or applicable law, the arbitration will take place in Monterey
County, State of California. Except as otherwise provided in this Agreement,
you and Company may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator. 

   

 D. Restrictions. You and Company agree that any arbitration shall be limited to the
Dispute between Company and you individually. To the full extent permitted by
law, (1) no arbitration shall be joined with any other; (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 any other persons. 

   

 E. Exceptions to Informal Negotiations and
Arbitration. You and Company agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration: (1) any Disputes seeking to enforce or
protect, or concerning the validity of any of your or Company’s intellectual
property rights; (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 Section is found to be illegal or unenforceable then
neither you nor Company will elect to arbitrate any Dispute falling within that
portion of this Section found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and you and Company agree to submit to the personal
jurisdiction of that court.   

   

 CORRECTIONS 

   

 Occasionally there may be information on the Website that contains
typographical errors, inaccuracies or omissions that may relate to service
descriptions, pricing, availability, and various other information. Company
reserves the right to correct any errors, inaccuracies or omissions and to
change or update the information at any time, without prior notice.  

   

 DISCLAIMERS 

   

 Company cannot control the nature of all of the
content available on the Website. By operating the Website, Company does not
represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation
content hosted on third party websites or provided by third party applications,
or that Company believes contributions, blogs or other content to be accurate,
useful or non-harmful. We do not control and are not responsible for unlawful
or otherwise objectionable content you may encounter on the Website or in
connection with any contributions. The Company is not responsible for the
conduct, whether online or offline, of any user of the Website or Company
Services. 

   

 YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.   

   

 LIMITATIONS OF LIABILITY 

   

 IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, 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 OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR
COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY
CAUSE OF ACTION ARISING. 

   

 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS. 

   

 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR." 

   

 INDEMNITY 

   

 You agree to defend, indemnify and hold Company, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from and against, any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of your contributed content, use of the Company Services,
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above. Notwithstanding the
foregoing, Company reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
Company, and you agree to cooperate, at your expense, with Company’s defense of
such claims. Company will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it. 

   

 NOTICES 

   

 Except as explicitly stated otherwise, any notices given to Company
shall be given by email to the address listed in the contact information below.
Any notices given to you shall be given to the email address you provided
during the registration process, or such other address as each party may
specify. Notice shall be deemed to be given twenty-four (24) hours after the
email is sent, unless the sending party is notified that the email address is
invalid. We may also choose to send notices by regular mail. 

   

 USER DATA 

   

 Our Website will maintain certain data that you transfer to the Website
for the purpose of the performance of the Company Services, as well as data
relating to your use of the Company Services. Although we perform regular
routine backups of data, you are primarily responsible for all data that you
have transferred or that relates to any activity you have undertaken using the
Company Services. You agree that Company shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against Company arising from any such loss or corruption of such data. 

   

 ELECTRONIC CONTRACTING 

   

 Your use of the Company Services includes the ability to enter into
agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FOR
SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,
POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your
electronic records, you may be required to have certain hardware and software,
which are your sole responsibility.   

   

 MISCELLANEOUS 

   

 This Agreement constitutes the entire agreement between you and Company
regarding the use of the Company Services. The failure of Company to exercise
or enforce any right or provision of this Agreement shall not operate as a
waiver of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This
Agreement and your account may not be assigned by you without our express
written consent. Company may assign any or all of its
rights and obligations to others at any time. Company shall not be responsible
or liable for any loss, damage, delay or failure to act caused by any cause
beyond Company's reasonable control. If any provision or part of a provision of
this Agreement is unlawful, void or unenforceable, that provision or part of
the provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and
Company as a result of this Agreement or use of the Website and Company
Services. Upon Company’s request, you will furnish Company any documentation,
substantiation or releases necessary to verify your compliance with this
Agreement. You agree that this Agreement will not be construed against Company
by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of this Agreement and the lack of signing by
the parties hereto to execute this Agreement. 

   

 CONTACT US 

   

 In order to resolve a complaint regarding the Company Services or to
receive further information regarding use of the Company Services, please
contact Company as set forth below or, if any complaint with us is not
satisfactorily resolved, and you are a California resident, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at 1-916-445-1254. 

   

 Choral Artists of Carmel  

 Email: choralartistsofcarmel@gmail.com