The following terms and conditions (the "Terms and Conditions") govern your use of Encore Vocal Ensemble. Website (“Site”). By visiting or using the Site, you expressly agree to these Terms, as updated from time to time. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
- PROPRIETARY RIGHTS. As between you and Encore Vocal Ensemble, Encore Vocal Ensemble owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only.
- TICKET PURCHASES We may offer certain tickets or ticket packages on our site. Tickets purchased on our Site are nonrefundable and in some cases, delivery prices will also be owed. Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase.
- CODE OF CONDUCT You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Restrict or inhibit any other person from using the Site; Use the Site for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Engage in spamming or flooding; Harvest or collect information about Site users; Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.
- WARRANTIES YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ENCORE VOCAL ENSEMBLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERRORFREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENCORE VOCAL ENSEMBLE OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ENCORE VOCAL ENSEMBLE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, SAFENESS, OR OTHERWISE.
- LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER ENCORE VOCAL ENSEMBLE, NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, YOUR LOSS OF PROFITS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
- INDEMNIFICATION You agree to defend, indemnify and hold Encore Vocal Ensemble and its directors, officers, employees, agents or content or service providers (collectively, "Protected Entities") harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or your breach or violation of the law or of these Terms and Conditions. Encore Vocal Ensemble reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Encore Vocal Ensemble's defense of such claim.
- DISPUTES RESOLUTION Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court. The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. It means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions.
- MISCELLANEOUS These Terms contain the entire terms between the parties. In the event any provision of these Terms is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms while the remaining terms shall remain binding on the parties hereto. Encore Vocal Ensemble’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.