TERMS OF USE
Web Site Agreement
The
ClubDanceLessons.com Web Site (the "Site") is an online
information service provided by CHS Enterprises Inc
("CHS Enterprises Inc."), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. CHS Enterprises Inc. MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of
the copyrights and trademarks are CHS Enterprises Inc., its
affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for
your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices
from the materials. You agree to grant to CHS Enterprises Inc. a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to CHS Enterprises Inc. by all means and in any media now
known or hereafter developed. You also grant to
CHS Enterprises Inc. the right to use your name in connection
with the submitted materials and other information as
well as in connection with all advertising, marketing
and promotional material related thereto. You agree that
you shall have no recourse against CHS Enterprises Inc. for any
alleged or actual infringement or misappropriation of
any proprietary right in your communications to
CHS Enterprises Inc..
TRADEMARKS
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
servicemarks of CHS Enterprises Inc. Other product and company
names mentioned in the Site may be the trademarks of
their respective owners.
2. Use of the
Site.
You understand that, except for
information, products or services clearly identified as
being supplied by CHS Enterprises Inc., CHS Enterprises Inc.does not
operate, control or endorse any information, products or
services on the Internet in any way. Except for
CHS Enterprises Inc.- identified information, products or
services, all information, products and services offered
through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
CHS Enterprises Inc. a. You also understand that CHS Enterprises Inc.
cannot and does not guarantee or warrant that files
available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive
properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. CHS Enterprises Inc. PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND CHS Enterprises Inc.
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. CHS Enterprises Inc. DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. CHS Enterprises Inc. HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL CHS Enterprises Inc. BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF CHS Enterprises Inc. OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, CHS Enterprises Inc. LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
CHS Enterprises Inc.
makes no representations whatsoever about any other web
site which you may access through this one or which may
link to this Site. When you access a non- CHS Enterprises Inc.
web site, please understand that it is independent from
CHS Enterprises Inc., and that CHS Enterprises Inc. has no control over
the content on that web site. In addition, a link to a
CHS Enterprises Inc. web site does not mean that CHS Enterprises Inc.
endorses or accepts any responsibility for the content,
or the use, of such web site.
3.
Indemnification.
You agree to indemnify,
defend and hold harmless CHS Enterprises Inc., its officers,
directors, employees, agents, licensors, suppliers and
any third party information providers to the Service
from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting
from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third
Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of CHS Enterprises Inc. and
its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions
directly against you on its own behalf.
5. Term; Termination.
This Agreement may
be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.
Miscellaneous.
This Agreement shall all
be governed and construed in accordance with the laws of
United States applicable to agreements made and to be
performed in United States. You agree that any legal
action or proceeding between CHS Enterprises Inc. and you for any
purpose concerning this Agreement or the parties’
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting
in United States . Any cause of action or claim you may
have with respect to the Service must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
CHS Enterprises Inc. ’s failure to insist upon or enforce strict
performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this
Agreement. CHS Enterprises Inc. may assign its rights and duties
under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted
herein are reserved. |
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