Terms of use
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE CONTENT ON THE WEB SITE LOCATED AT CAPPELLIMUSIC.COM (the `Content') THAT YOU WERE VIEWING. BY ACCESSING AND VIEWING THE CONTENT OR BY PLACING THE DOCUMENT ON YOUR WEBSITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE YOU MAY NOT ACCESS, VIEW OR USE THE DOCUMENT.
Amendments
Cappelli Institute of Music (hereinafter "CIM") may amend these Terms of Use at any time by posting a new agreement in place of this one. The amended Terms of Use shall automatically be effective when posted.
Use of The Web Site
M-Tech hereby grants to you a non-exclusive and non-transferable license to view and reproduce the Content in its entirety, provided that:
you do not alter the Content, including the removal of CIM's name or its copyright, trademark or other proprietary notices from the Content;
you do not remove the link to http://cappellimusic.com from the Content, whether the Content is in PDF, XML, HTML or other format; and
You also agree that any printed copies of the Document shall retain, without modification, all copyright, trademark and other proprietary notices contained thereon.
Except as specifically provided herein, no other license, right to license or other right to the Document is granted to you.
Intellectual property
CIM has certain protectable proprietary rights in the Content, including copyright. You may not modify, sell, create derivative works, or in any way exploit the Document or any content contained on the Document except as specifically permitted in these Terms of Use or with the written consent of CIM
Warranty disclaimer
THE DOCUMENT IS PROVIDED "AS IS" AND USED BY YOU AT YOUR SOLE RISK. CIM MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE DOCUMENT MAY CONTAIN ERRORS. CIM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH ERRORS.
Limited liability
IN NO EVENT SHALL CIM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF CIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to hold CIM, its employees, officers, directors and agents harmless from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from your use of the Content or your violation of these Terms of Use.
No agency
Any entity which places the Content at its website or makes copies of Content subject to these Terms of Use and CIM are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists between those parties, unless such relationship has been established with no connection to The Content or the Terms of Use.
No waiver
CIM's failure to insist upon or enforce strict compliance with any provision of these Terms of Use shall not be construed as a waiver of any provision or right of the same or different type in the future.
Entire agreement
The terms and conditions set out in these Terms of Use constitute the entire terms and conditions with respect to the use of the Content and the relationship between you and CIM. No representative of CIM is authorized to amend the terms of these Terms of Use. Amendments shall only be effective as provided in these Terms of Use.
Termination
Notwithstanding the termination of these Terms of Use for any reason, the provisions of these Terms of Use relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.
Governing law
These Terms of Use, the relationship between you and CIM and your use of the Content and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the State of Illinois and those of The United States of America applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and CIM which in any way concerns these Terms of Use or the use of the Content shall be brought exclusively in the courts of Illinois. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive relief. CIM is headquartered in Illinois.
Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be severed from these Terms of Use and the remaining provisions shall remain in full force and effect.
Headings
Headings are for reference purposes only and shall not be used in the interpretation of these Terms of Use.
