DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from the
Site. We cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to
or from the Site or third party content on our sites. We do not endorse
any of the merchandise, nor have we taken any steps to confirm the accuracy
or reliability of, any of the information contained in such third-party
sites or content. We do not make any representations or warranties as
to the security of any information (including, without limitation, personal
information) you might be requested to give any third party, and you
hereby irrevocably waive any claim against us with respect to such sites
and third party content. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with
any online or offline correspondence/transaction with any of these third
parties.
'Directory' (Web Links) is a free service offered by us. Because the
Web changes constantly, no search engine technology can possibly have
all accessible sites at any given time. Thus, we explicitly disclaim
any responsibility for the content or availability of information contained
in our directories.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of
your password and membership account and for all activities that occur
under your account. You hereby indemnify, defend and hold us and our
affiliates (collectively, the "Indemnified Parties") harmless from and
against any and all liability and costs (including reasonable attorneys
fees) incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of this Agreement or claims arising
from your account. You shall use your best efforts to cooperate with
us in the defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE
OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THE SITE.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Cecchetti Council of America
and affiliates (if any.) We make no representation that materials on
the Site are appropriate or available for use in any particular location.
Those who choose to access the Site do so on their own initiative and
are responsible for compliance with local laws, if and to the extent
local laws are applicable. Software downloads from this site (if any)
are further subject to United States export controls. No software from
this site may be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
TERMINATION
These Terms are effective until terminated by either party. You may
terminate these terms at any time by discontinuing use of the Site and
destroying all materials obtained from the Sites and all related documentation
and all copies and installations thereof, whether made under the terms
of these terms or otherwise. These terms will terminate immediately
without notice from us if in our sole discretion you fail to comply
with any term or provision of these terms. Upon termination, you must
cease use of Cecchetti.org and destroy all materials obtained from the
Site and all copies thereof, whether made under the terms of these terms
or otherwise.
OTHER
These Terms shall be governed by and construed in accordance with the
laws of the United States, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the courts
located in Michigan, United States and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of litigating
any such action. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity
and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.