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Conditions of Use Policy
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Terms and Conditions of Use Agreement.
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We
maintain this web site as a service to those interested in the Community
Performing Arts Center Foundation, and by using our site you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them periodically
for changes. If you do not agree to the terms and conditions, you should not
review information from this site.
- Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms and Conditions of use Agreement ("Agreement") with
respect to our site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
- Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks,
registered trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as allowed by
Section 4, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any right
in such information and materials.
- Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution).
- Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or other content
appearing on the Site, including this Agreement, without further notice to
users of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the
Site.
- Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or documents is not
transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or liability for any damages caused by
viruses contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. Our maximum liability to you under all circumstances will be
equal to the purchase price you pay for any goods, services or information.
- Use of Information. We reserve the right, and you authorize us, to
the use and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy Policy.
- Privacy Policy. Our Privacy Policy, as
it may change from time to time, is a part of this Agreement.
- Links to Other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you do so at
your own risk.
- Submissions. All suggestions, ideas, notes, concepts and other
information you may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not be subject to
any obligation of confidence on our part. Without limiting the foregoing, we
shall be deemed to own all known and hereafter existing rights of every kind
and nature regarding the Submissions and shall be entitled to unrestricted use
of the Submissions for any purpose, without compensation to the provider of
the Submissions.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS
ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE
OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE CIRCUIT COURT OF PIMA COUNTY, ARIZONA OR THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF ARIZONA . YOU ARE EXPRESSLY SUBMITTING AND
CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY
OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT GREEN VALLEY, ARIZONA OR THE
DISTRICT OF ARIZONA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON
LACK OF VENUE. This site is created and controlled by Community Performing
Arts Center Foundation, Inc., in the State of ARIZONA, USA. As such, the
laws of ARIZONA will govern the terms and conditions contained in this
Agreement and elsewhere throughout the Site, without giving effect to any
principles of conflicts of laws.
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